CAH17 v Minister for Immigration and Border Protection [2019] FCA 1129

CAH17 v Minister for Immigration and Border Protection [2019] FCA 1129

The appeal failed because the Tribunal separately addressed the Second Appellant's protection claims and made findings open on the evidence. The mother gave evidence on the child's behalf, so the Tribunal could assess that evidence by reference to its credibility findings about the mother without impermissibly imputing dishonesty to the child. No unconsidered integer of the child's claims was shown, and any issue about the best interests of the child could not have affected the outcome. The Federal Circuit Court therefore did not err in finding no reviewable error in the Tribunal's decision.

Jurisdiction
Australia
Judgment Date
25 July 2019
Procedural Posture
Migration Appeal From the Federal Circuit Court of Australia / Appeal Against Dismissal of an Application for Review of an Administrative Appeals Tribunal Decision Affirming Refusal of Protection Visas
Outcome
Appeal dismissed with costs; First Appellant appointed as litigation representative of the Second Appellant.
Legal Topics
['protection Visa' "separate Consideration of a Child's Claims" 'adverse Credibility Findings' 'religious Activities and Protection Claims' 'black Child Claim' 'best Interests of the Child' 'litigation Representative']
['migration' 'administrative Law'] ['protection Visa' "separate Consideration of a Child's Claims" 'adverse Credibility Findings' 'religious Activities and Protection Claims' 'black Child Claim' 'best Interests of the Child' 'litigation Representative']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Circuit Court of Australia / Appeal Against Dismissal of an Application for Review of an Administrative Appeals Tribunal Decision Affirming Refusal of Protection Visas

Legal Issues

  1. 1 ["Whether the Federal Circuit Court erred in concluding that the Tribunal separately considered the Second Appellant's protection claims." 'Whether adverse credibility findings about the First Appellant were impermissibly imputed to the Second Appellant.' "Whether the Tribunal failed to consider all integers of the Second Appellant's claims, including claims about religious practice in China and being a black child." "Whether any error concerning consideration of the Second Appellant's best interests under the UN Convention on the Rights of the Child affected the result."]

Ratio Decidendi

The appeal failed because the Tribunal separately addressed the Second Appellant's protection claims and made findings open on the evidence. The mother gave evidence on the child's behalf, so the Tribunal could assess that evidence by reference to its credibility findings about the mother without impermissibly imputing dishonesty to the child. No unconsidered integer of the child's claims was shown, and any issue about the best interests of the child could not have affected the outcome. The Federal Circuit Court therefore did not err in finding no reviewable error in the Tribunal's decision.

Court Disposition

Appeal dismissed with costs; First Appellant appointed as litigation representative of the Second Appellant.

Orders

  • ['The First Appellant is appointed as the litigation representative of the Second Appellant pursuant to r 9.63 of the Federal Court Rules 2011 (Cth).' 'The appeal is dismissed.' 'The First Appellant is to pay the costs of the First Respondent, either as assessed or agreed.']