CHD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 506

CHD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 506

There was no illogicality or irrationality in the Authority's reasoning regarding the risk to the second appellant, nor did the Authority fail to consider any substantial component of the first appellant's claims. The conclusions reached were available on the evidence and consistent with the full assessment of country information.

Jurisdiction
Australia
Judgment Date
05 May 2022
Procedural Posture
Migration Appeal / Appeal From Federal Circuit Court to Federal Court
Outcome
Appeal dismissed with costs
Legal Topics
['judicial Review' 'safe Haven Enterprise Visa' 'jurisdictional Error' 'legal Reasonableness' 'country Information Assessment']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From Federal Circuit Court to Federal Court

  1. 1 ["Whether the Authority's decision regarding risk of harm to the second appellant was irrational, illogical, or legally unreasonable and thus affected by jurisdictional error" "Whether the Authority failed to consider an integer of the first appellant's claim for protection"]

Ratio Decidendi

There was no illogicality or irrationality in the Authority's reasoning regarding the risk to the second appellant, nor did the Authority fail to consider any substantial component of the first appellant's claims. The conclusions reached were available on the evidence and consistent with the full assessment of country information.

Court Disposition

Appeal dismissed with costs

Orders

  • ['The appeal be dismissed with costs.']