FFR19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 894

FFR19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 894

The Tribunal was required by Ministerial Direction No 84 to take into account the most recent DFAT country information report, which in this case was the 2018 DFAT Report. The Tribunal was not under an obligation to consider the superseded 2013 DFAT Report. As the Tribunal did take into account the 2018 DFAT Report as required, there was no jurisdictional error and the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
03 August 2022
Procedural Posture
Appeal / Judgment on Appeal From the Federal Circuit and Family Court of Australia
Outcome
Appeal dismissed
Legal Topics
['ministerial Direction No 84' 'protection Visa Applications' 'country Information Reports' 'judicial Review' 'jurisdictional Error']
['migration'] ['ministerial Direction No 84' 'protection Visa Applications' 'country Information Reports' 'judicial Review' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From the Federal Circuit and Family Court of Australia

Legal Issues

  1. 1 ["Whether the Tribunal was required by Ministerial Direction No 84 to consider the most recent country information report or an earlier report relevant to the applicant's claims" 'Whether the Tribunal committed jurisdictional error by failing to consider the 2013 DFAT Report']

Ratio Decidendi

The Tribunal was required by Ministerial Direction No 84 to take into account the most recent DFAT country information report, which in this case was the 2018 DFAT Report. The Tribunal was not under an obligation to consider the superseded 2013 DFAT Report. As the Tribunal did take into account the 2018 DFAT Report as required, there was no jurisdictional error and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' "The appellants pay the first respondent's costs as agreed or taxed."]