CGZ18 v Minister for Home Affairs [2022] FCA 571

CGZ18 v Minister for Home Affairs [2022] FCA 571

Leave to amend was granted, but the appeal was dismissed because the Tribunal's reasons, read as a whole, showed that it understood and considered the appellants' claim based on expected future conduct, including the male appellant's claimed need to speak out in Fiji. The Tribunal had regard to the appellants' submissions and country information it considered material, including the DFAT Country Information Report, and its findings, including adverse credibility findings and findings about protest activity, were rational, open on the evidence, and not affected by jurisdictional error.

Jurisdiction
Australia
Judgment Date
17 May 2022
Procedural Posture
Migration Appeal From Federal Circuit Court Dismissal of Application for Constitutional Writs Under S 476 of the Migration Act 1958 (cth) Concerning Refusal of Protection (class Xa) Visas / Appeal; Application for Leave to Amend Notice of Appeal to Rely on Proposed Ground 3
Outcome
Leave to amend the notice of appeal was granted; the appeal was dismissed with costs fixed at $3,500.00 payable by the appellants to the first respondent.
Legal Topics
['protection Visa' 'refugee Criterion' 'complementary Protection' 'jurisdictional Error' 'failure to Consider Claims' 'country Information' 'illogicality or Irrationality' 'reasonableness']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Criterion' 'complementary Protection' 'jurisdictional Error' 'failure to Consider Claims' 'country Information' 'illogicality or Irrationality' 'reasonableness']

Case Brief

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Procedural Posture

Migration Appeal From Federal Circuit Court Dismissal of Application for Constitutional Writs Under S 476 of the Migration Act 1958 (cth) Concerning Refusal of Protection (class Xa) Visas / Appeal; Application for Leave to Amend Notice of Appeal to Rely on Proposed Ground 3

Legal Issues

  1. 1 ['Whether the appellants should be granted leave to amend the notice of appeal to rely on proposed Ground 3.' "Whether the Administrative Appeals Tribunal failed to address an integer of the appellants' protection claim based on their expected future conduct if returned to Fiji." 'Whether the Tribunal failed properly to consider, weigh and assess country information supplied by the appellants, including Amnesty International reports referred to in submissions dated 30 August 2017.' "Whether the Tribunal's dismissal of the expected future conduct claim was based on irrational findings and involved jurisdictional error."]

Ratio Decidendi

Leave to amend was granted, but the appeal was dismissed because the Tribunal's reasons, read as a whole, showed that it understood and considered the appellants' claim based on expected future conduct, including the male appellant's claimed need to speak out in Fiji. The Tribunal had regard to the appellants' submissions and country information it considered material, including the DFAT Country Information Report, and its findings, including adverse credibility findings and findings about protest activity, were rational, open on the evidence, and not affected by jurisdictional error.

Court Disposition

Leave to amend the notice of appeal was granted; the appeal was dismissed with costs fixed at $3,500.00 payable by the appellants to the first respondent.

Orders

  • ['Leave is granted to amend the notice of appeal so as to enable Ground 3 of the proposed amended notice of appeal to be relied upon.' 'The appeal is dismissed.' 'The appellants pay the costs of the first respondent fixed in an amount of $3,500.00.' 'Pursuant to s 23 and s 37P of the Federal Court of Australia Act...