BHM15 v Minister for Immigration and Border Protection [2018] FCA 917

BHM15 v Minister for Immigration and Border Protection [2018] FCA 917

The Tribunal failed to consider corroborative evidence (FIR and Hosanna Church letter) regarding the first appellant's claims in reaching its conclusions on credibility, relying instead on tentative adverse findings. As the credit findings were not comprehensive or emphatic and no probative finding was made that the corroborative documents were worthless, the Tribunal's failure amounted to jurisdictional error. Leave to raise the new ground was granted and the appeal allowed.

Jurisdiction
Australia
Judgment Date
19 June 2018
Procedural Posture
Migration Appeal / Appeal From Federal Circuit Court Decision
Outcome
Appeal allowed
Legal Topics
['judicial Review' 'protection Visas' 'credibility Assessment' 'procedural Fairness']
['administrative Law' 'migration Law' 'human Rights Law'] ['judicial Review' 'protection Visas' 'credibility Assessment' 'procedural Fairness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Appeal / Appeal From Federal Circuit Court Decision

Legal Issues

  1. 1 ['Whether leave should be granted to raise a new ground of appeal not raised before the primary judge' "Whether the Tribunal erred in failing to consider corroborative evidence regarding the first appellant's claims"]

Ratio Decidendi

The Tribunal failed to consider corroborative evidence (FIR and Hosanna Church letter) regarding the first appellant's claims in reaching its conclusions on credibility, relying instead on tentative adverse findings. As the credit findings were not comprehensive or emphatic and no probative finding was made that the corroborative documents were worthless, the Tribunal's failure amounted to jurisdictional error. Leave to raise the new ground was granted and the appeal allowed.

Court Disposition

Appeal allowed

Orders

  • ['Grant leave to the appellants to rely on the ground of appeal.' 'Appeal be allowed.' "First respondent to pay appellants' costs of the appeal." "Order 1 of the Federal Circuit Court set aside and replaced: (a) writ of certiorari to quash decision of second respondent dated 5 June 2015 affirming refusal of...