BHY15 v Minister for Immigration and Border Protection [2018] FCA 187

BHY15 v Minister for Immigration and Border Protection [2018] FCA 187

The assessor rejected every factual integer underpinning the appellants' asserted fear of persecution or significant harm, including their claimed political profile, surveillance, summonses, sealing of their house and freezing of bank accounts. Because no individual factor was accepted as existing, no cumulative assessment of those rejected or non-existent factors could have produced a different result. In any event, the assessor considered the totality of the claims when addressing Convention-related fear and significant harm. The appeal ground therefore lacked substance, and the appellants' non-appearance enlivened the Court's power to dismiss the appeal.

Jurisdiction
Australia
Judgment Date
28 February 2018
Procedural Posture
Migration Appeal From Decision of the Federal Circuit Court Dismissing an Application for Judicial Review of an International Treaties Obligations Assessment / Appeal to the Federal Court of Australia
Outcome
The appeal was dismissed with costs.
Legal Topics
['international Treaties Obligations Assessment' 'non Refoulement Obligations' 'cumulative Assessment of Protection Claims' 'jurisdictional Error' 'procedural Fairness' 'non Appearance on Appeal']
['migration' 'administrative Law' 'judicial Review'] ['international Treaties Obligations Assessment' 'non Refoulement Obligations' 'cumulative Assessment of Protection Claims' 'jurisdictional Error' 'procedural Fairness' 'non Appearance on Appeal']

Case Brief

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Procedural Posture

Migration Appeal From Decision of the Federal Circuit Court Dismissing an Application for Judicial Review of an International Treaties Obligations Assessment / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the assessor committed jurisdictional error by failing to consider the cumulative effect of the appellants' claims and the totality of the case." 'Whether any obligation to make a cumulative assessment arose where all individual claims or factual integers underpinning fear of persecution or significant harm had been rejected.' "Whether the appeal should be dismissed following the appellants' non-appearance."]

Ratio Decidendi

The assessor rejected every factual integer underpinning the appellants' asserted fear of persecution or significant harm, including their claimed political profile, surveillance, summonses, sealing of their house and freezing of bank accounts. Because no individual factor was accepted as existing, no cumulative assessment of those rejected or non-existent factors could have produced a different result. In any event, the assessor considered the totality of the claims when addressing Convention-related fear and significant harm. The appeal ground therefore lacked substance, and the appellants' non-appearance enlivened the Court's power to dismiss the appeal.

Court Disposition

The appeal was dismissed with costs.

Orders

  • ['The appeal is dismissed.' "The appellants pay the respondents' costs of the appeal to be taxed or as agreed."]