CWY16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 86

CWY16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 86

Leave was granted to rely on the appeal grounds, but the appeal failed because the Tribunal's failure to seek original police statements or reliable copies was not an obvious and easily performed inquiry whose omission amounted to constructive failure to exercise jurisdiction or legal unreasonableness. The Tribunal's adverse credibility findings were open on the evidence, its reasoning was intelligible and reasoned, it applied the relevant statutory framework, and no jurisdictional error or appellable error in the Federal Circuit Court judgment was shown.

Jurisdiction
Australia
Judgment Date
10 February 2020
Procedural Posture
Migration Appeal From a Federal Circuit Court Judgment Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection (class XA Subclass 866) Visa / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'complementary Protection' 'jurisdictional Error' 'legal Unreasonableness' 'constructive Failure to Exercise Jurisdiction' 'credibility Findings' 'leave to Rely on Appeal Grounds Not Raised Below']
['migration' 'administrative Law' 'judicial Review'] ['protection Visa' 'complementary Protection' 'jurisdictional Error' 'legal Unreasonableness' 'constructive Failure to Exercise Jurisdiction' 'credibility Findings' 'leave to Rely on Appeal Grounds Not Raised Below']

Case Brief

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Procedural Posture

Migration Appeal From a Federal Circuit Court Judgment Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection (class XA Subclass 866) Visa / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether leave should be granted to the appellants to rely on appeal grounds not advanced before the primary judge.' "Whether the Tribunal's failure to seek further information, including original police statements or reliable copies, was legally unreasonable or a constructive failure to exercise jurisdiction." 'Whether the Tribunal failed to arrive at its satisfaction as to the statutory requirements in accordance with the Migration Act 1958 (Cth).' "Whether the primary judge erred in finding no jurisdictional error in the Tribunal's decision."]

Ratio Decidendi

Leave was granted to rely on the appeal grounds, but the appeal failed because the Tribunal's failure to seek original police statements or reliable copies was not an obvious and easily performed inquiry whose omission amounted to constructive failure to exercise jurisdiction or legal unreasonableness. The Tribunal's adverse credibility findings were open on the evidence, its reasoning was intelligible and reasoned, it applied the relevant statutory framework, and no jurisdictional error or appellable error in the Federal Circuit Court judgment was shown.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['In so far as necessary, leave be granted to the appellants to rely on the grounds of appeal set out in their notice of appeal as explained at the hearing.' 'The appeal be dismissed.' "The appellants pay the first respondent's costs of the appeal."]