SZRHL v Minister for Home Affairs [2019] FCA 785

SZRHL v Minister for Home Affairs [2019] FCA 785

The appeal failed because the Tribunal did not overlook the psychologist's report: it expressly considered it and gave it no weight as evidence supporting the claimed events in Bangladesh because the report was almost exclusively based on the first appellant's personal account, which the Tribunal had rejected. The report did not suggest that psychological symptoms caused the first appellant to mistake, embellish or exaggerate his evidence, and the psychometric testing did not independently link the symptoms to persecution in Bangladesh. The primary judge therefore did not err in concluding that the proposed ground lacked merit and dismissing the application.

Jurisdiction
Australia
Judgment Date
31 May 2019
Procedural Posture
Migration Appeal From a Federal Circuit Court Judgment Dismissing an Application for Review of an Administrative Appeals Tribunal Decision Affirming Refusal of Protection Visas / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Criterion' 'complementary Protection' 'credibility Findings' 'psychological Evidence' 'jurisdictional Error' 'overlooked Evidence']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Criterion' 'complementary Protection' 'credibility Findings' 'psychological Evidence' 'jurisdictional Error' 'overlooked Evidence']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Migration Appeal From a Federal Circuit Court Judgment Dismissing an Application for Review of an Administrative Appeals Tribunal Decision Affirming Refusal of Protection Visas / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the Tribunal erred by failing to consider the psychologist's report when assessing the first appellant's credibility." 'Whether the primary judge erred in refusing leave to amend the Federal Circuit Court application on the basis that the proposed ground lacked merit.' "Whether the Tribunal was required to revisit its adverse credibility findings in light of the psychologist's report and psychometric assessment."]

Ratio Decidendi

The appeal failed because the Tribunal did not overlook the psychologist's report: it expressly considered it and gave it no weight as evidence supporting the claimed events in Bangladesh because the report was almost exclusively based on the first appellant's personal account, which the Tribunal had rejected. The report did not suggest that psychological symptoms caused the first appellant to mistake, embellish or exaggerate his evidence, and the psychometric testing did not independently link the symptoms to persecution in Bangladesh. The primary judge therefore did not err in concluding that the proposed ground lacked merit and dismissing the application.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed.' "The appellants pay the first respondent's costs of the appeal."]