CCP16 v Minister for Immigration and Border Protection [2019] FCA 358

CCP16 v Minister for Immigration and Border Protection [2019] FCA 358

The Tribunal's reasoning at [130]-[137] was clear, explained the basis for preferring aspects of the STARTTS and Dr Milch reports, and was not arbitrary, illogical or lacking an evident and intelligible justification. The appellants' complaint was, in substance, about the weight the Tribunal gave to competing evidence. The Tribunal accepted possible mental health deterioration on return to Tonga but was not satisfied that the circumstances involved conduct, an act or an omission by another party amounting to persecution or significant harm. The decision was within the scope of the Tribunal's authority, so the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
28 February 2019
Procedural Posture
Migration Appeal From Dismissal of Application for Judicial Review of Tribunal Decision / Application for Extension of Time Granted; Appeal Determined
Outcome
Application for extension of time allowed; appeal dismissed; first respondent awarded costs against the first appellant.
Legal Topics
['extension of Time' 'legal Unreasonableness' 'psychological Harm and Mental Health Evidence' 'persecution and Significant Harm' 'real Chance or Risk of Harm']
['migration' 'administrative Law' 'judicial Review'] ['extension of Time' 'legal Unreasonableness' 'psychological Harm and Mental Health Evidence' 'persecution and Significant Harm' 'real Chance or Risk of Harm']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of Application for Judicial Review of Tribunal Decision / Application for Extension of Time Granted; Appeal Determined

Legal Issues

  1. 1 ['Whether the appellants should be granted an extension of time to bring the appeal.' 'Whether the primary judge erred by failing to find that the Tribunal committed jurisdictional error by making a legally unreasonable decision in its treatment of material concerning psychological harm and mental health issues affecting the first appellant.' "Whether the Tribunal's weighing of psychiatric and psychological evidence was arbitrary or lacked an evident and intelligible justification." "Whether deterioration in the first appellant's mental health on return to Tonga amounted to persecution or significant harm."]

Ratio Decidendi

The Tribunal's reasoning at [130]-[137] was clear, explained the basis for preferring aspects of the STARTTS and Dr Milch reports, and was not arbitrary, illogical or lacking an evident and intelligible justification. The appellants' complaint was, in substance, about the weight the Tribunal gave to competing evidence. The Tribunal accepted possible mental health deterioration on return to Tonga but was not satisfied that the circumstances involved conduct, an act or an omission by another party amounting to persecution or significant harm. The decision was within the scope of the Tribunal's authority, so the appeal was dismissed.

Court Disposition

Application for extension of time allowed; appeal dismissed; first respondent awarded costs against the first appellant.

Orders

  • ['The application for extension of time is allowed.' 'The appeal is dismissed.' 'The costs of the first respondent are to be paid by the first appellant.']