SZRCN v Minister for Immigration and Citizenship [2012] FCA 1236

SZRCN v Minister for Immigration and Citizenship [2012] FCA 1236

The appeal failed because the Federal Magistrate did not err. The Tribunal was not satisfied that the appellants faced a real chance of Convention-related persecution anywhere in Sri Lanka, so any relocation issue was subsumed and, in any event, was considered adversely to the appellants. The reference to the Presidential Task Force was country information and not a clearly articulated claim of persecution requiring separate consideration. The proposed amended and new grounds were not permitted because they had not been argued below and could not be sustained, including because the Tribunal had considered the cumulative effect of the relevant circumstances.

Jurisdiction
Australia
Judgment Date
09 November 2012
Procedural Posture
Appeal From the Federal Magistrates Court of Australia Concerning Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Appeal and Application for Leave to Amend the Notice of Appeal
Outcome
Application for leave to amend the notice of appeal dismissed; appeal dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'well Founded Fear of Persecution' 'internal Relocation' 'new Grounds on Appeal']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'well Founded Fear of Persecution' 'internal Relocation' 'new Grounds on Appeal']

Case Brief

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia Concerning Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Appeal and Application for Leave to Amend the Notice of Appeal

Legal Issues

  1. 1 ["Whether the Federal Magistrate erred in relation to the Tribunal's consideration of internal relocation to Colombo or other parts of Sri Lanka." 'Whether the Tribunal committed jurisdictional error by failing to consider the activities of the Presidential Task Force when assessing real chance of persecution.' 'Whether leave should be granted to amend the notice of appeal to raise grounds not argued before the Federal Magistrate, including an alleged failure to consider claims of harm cumulatively.']

Ratio Decidendi

The appeal failed because the Federal Magistrate did not err. The Tribunal was not satisfied that the appellants faced a real chance of Convention-related persecution anywhere in Sri Lanka, so any relocation issue was subsumed and, in any event, was considered adversely to the appellants. The reference to the Presidential Task Force was country information and not a clearly articulated claim of persecution requiring separate consideration. The proposed amended and new grounds were not permitted because they had not been argued below and could not be sustained, including because the Tribunal had considered the cumulative effect of the relevant circumstances.

Court Disposition

Application for leave to amend the notice of appeal dismissed; appeal dismissed.

Orders

  • ['The application for leave to amend the notice of appeal be dismissed.' 'The appeal be dismissed.' "The first appellant pay the first respondent's costs."]