CEW16 v Minister for Immigration and Border Protection [2019] FCA 224

CEW16 v Minister for Immigration and Border Protection [2019] FCA 224

The appeal was dismissed because the proposed new grounds lacked sufficient merit for leave to be granted. The Tribunal had sent the hearing invitation in compliance with its statutory obligations, was entitled to proceed after the appellants did not attend, and gave cogent reasons assessing the claims on the material before it. The appellants' complaints about persecution and harm were unparticularised and, to the extent they sought reconsideration of the merits, were not open on appeal. The primary judge carefully considered and rejected the asserted grounds of judicial review, and no jurisdictional error or appealable error was shown.

Jurisdiction
Australia
Judgment Date
15 February 2019
Procedural Posture
Migration Appeal From the Federal Circuit Court Concerning Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of Protection Visas / Appeal to the Federal Court; Leave Required for New Grounds Advanced on Appeal
Outcome
Appeal dismissed with costs; leave to rely on the new grounds refused.
Legal Topics
['protection Visa' 'jurisdictional Error' 'tribunal Hearing Invitation' 'non Appearance at Tribunal Hearing' 'section 426 a Decision in Absence of Applicant' 'new Grounds on Appeal' 'refugee Criterion' 'complementary Protection']
['migration' 'administrative Law' 'judicial Review'] ['protection Visa' 'jurisdictional Error' 'tribunal Hearing Invitation' 'non Appearance at Tribunal Hearing' 'section 426 a Decision in Absence of Applicant' 'new Grounds on Appeal' 'refugee Criterion' 'complementary Protection']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Circuit Court Concerning Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of Protection Visas / Appeal to the Federal Court; Leave Required for New Grounds Advanced on Appeal

Legal Issues

  1. 1 ["Whether the Federal Circuit Court erred in finding no jurisdictional error in the Tribunal's decision to proceed after the appellants did not attend the Tribunal hearing." 'Whether the Tribunal complied with its statutory obligations in sending the invitation to appear at the hearing by email.' 'Whether the Tribunal acted in a manifestly unreasonable way or ignored persecution and harm under the Migration Act 1958 (Cth).' 'Whether the appellants should be granted leave to rely on new grounds of appeal not raised in the Federal Circuit Court.']

Ratio Decidendi

The appeal was dismissed because the proposed new grounds lacked sufficient merit for leave to be granted. The Tribunal had sent the hearing invitation in compliance with its statutory obligations, was entitled to proceed after the appellants did not attend, and gave cogent reasons assessing the claims on the material before it. The appellants' complaints about persecution and harm were unparticularised and, to the extent they sought reconsideration of the merits, were not open on appeal. The primary judge carefully considered and rejected the asserted grounds of judicial review, and no jurisdictional error or appealable error was shown.

Court Disposition

Appeal dismissed with costs; leave to rely on the new grounds refused.

Orders

  • ['The appeal be dismissed.' 'The appellants to pay the costs of the first respondent, to be assessed if not agreed.']