AEK16 v Minister for Immigration and Border Protection [2017] FCA 625

AEK16 v Minister for Immigration and Border Protection [2017] FCA 625

The appeal was dismissed because, on a fair reading of the Tribunal's reasons, the Tribunal recorded and accepted the appellants' claims of limited discriminatory treatment, including denial of some transport and goods, considered those matters cumulatively with the appellants' age and personal circumstances, and was not satisfied that the treatment rose to a real chance of serious harm or a real risk of significant harm. The Federal Circuit Court was correct to reject the asserted failure to consider the claims.

Jurisdiction
Australia
Judgment Date
01 June 2017
Procedural Posture
Migration Appeal From a Federal Circuit Court Decision Dismissing Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of Protection Visas / Federal Court Appeal From Federal Circuit Court; Appeal Dismissed
Outcome
Appeal dismissed with costs in favour of the first respondent, to be fixed in a lump sum by order of the Court.
Legal Topics
['protection Visa Refusal' 'refugee Protection' 'complementary Protection' 'discrimination and Persecution' 'serious Harm' 'significant Harm' 'failure to Consider Claims' 'jurisdictional Error']
['migration Law' 'administrative Law' 'human Rights'] ['protection Visa Refusal' 'refugee Protection' 'complementary Protection' 'discrimination and Persecution' 'serious Harm' 'significant Harm' 'failure to Consider Claims' 'jurisdictional Error']

Case Brief

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Procedural Posture

Migration Appeal From a Federal Circuit Court Decision Dismissing Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of Protection Visas / Federal Court Appeal From Federal Circuit Court; Appeal Dismissed

Legal Issues

  1. 1 ["Whether the Tribunal failed to deal with the appellants' clearly articulated claims that they were denied transport and goods or services because they were Muslims in Myanmar." 'Whether the Tribunal failed to consider the degree of discrimination claimed by the appellants and whether that discrimination was capable of amounting to persecution or significant harm.' 'Whether the Federal Circuit Court erred in finding that the Tribunal considered and rejected the claimed discrimination as insufficiently serious for refugee or complementary protection criteria.']

Ratio Decidendi

The appeal was dismissed because, on a fair reading of the Tribunal's reasons, the Tribunal recorded and accepted the appellants' claims of limited discriminatory treatment, including denial of some transport and goods, considered those matters cumulatively with the appellants' age and personal circumstances, and was not satisfied that the treatment rose to a real chance of serious harm or a real risk of significant harm. The Federal Circuit Court was correct to reject the asserted failure to consider the claims.

Court Disposition

Appeal dismissed with costs in favour of the first respondent, to be fixed in a lump sum by order of the Court.

Orders

  • ['The appeal be dismissed.' "The appellants pay the first respondent's costs of the appeal, to be fixed in a lump sum by order of the Court." "On or before 4 pm on 15 June 2017, the first respondent file and serve an affidavit constituting a Costs Summary in accordance with paragraphs 4.10 to 4.12 of the Court's...