CCB16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 183

CCB16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 183

The appeal failed because, although the Tribunal breached its implied obligation of procedural fairness by not disclosing the existence of the s 438(1)(b) notification, the breach was not material. The Tribunal's findings that the appellants could reasonably relocate to Delhi provided a separate and independent basis for concluding that Australia did not owe protection obligations, and those relocation findings were not affected by the anonymous reports, the credibility findings, or the treatment of the letters. The same independent relocation basis also defeated the second ground of appeal.

Jurisdiction
Australia
Judgment Date
22 October 2019
Procedural Posture
Migration Appeal From Dismissal of Application for Judicial Review of a Tribunal Decision Affirming a Delegate's Refusal to Grant Protection Visas / Full Court Appeal From the Federal Circuit Court of Australia; Amended Notice of Appeal and Notice of Contention
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visas' 'procedural Fairness' 'jurisdictional Error' 'materiality' 'section 438 Notification' 'relocation' 'credibility Findings']
['migration Law' 'administrative Law' 'judicial Review'] ['protection Visas' 'procedural Fairness' 'jurisdictional Error' 'materiality' 'section 438 Notification' 'relocation' 'credibility Findings']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of Application for Judicial Review of a Tribunal Decision Affirming a Delegate's Refusal to Grant Protection Visas / Full Court Appeal From the Federal Circuit Court of Australia; Amended Notice of Appeal and Notice of Contention

Legal Issues

  1. 1 ["Whether the Tribunal's failure to disclose the existence of a notification under s 438(1)(b) of the Migration Act 1958 (Cth) amounted to jurisdictional error by denying procedural fairness." 'Whether any breach of procedural fairness was material where the Tribunal gave no weight to the anonymous allegations and made an independent relocation finding.' "Whether the primary judge erred or denied procedural fairness by failing to address grounds concerning the Tribunal's treatment of letters obtained within the time allowed by the Tribunal."]

Ratio Decidendi

The appeal failed because, although the Tribunal breached its implied obligation of procedural fairness by not disclosing the existence of the s 438(1)(b) notification, the breach was not material. The Tribunal's findings that the appellants could reasonably relocate to Delhi provided a separate and independent basis for concluding that Australia did not owe protection obligations, and those relocation findings were not affected by the anonymous reports, the credibility findings, or the treatment of the letters. The same independent relocation basis also defeated the second ground of appeal.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellants pay the first respondent's costs of the appeal to be assessed in the absence of agreement."]