DZAEK v Minister for Immigration and Border Protection [2017] FCA 247

DZAEK v Minister for Immigration and Border Protection [2017] FCA 247

The Tribunal considered and rejected the claims relating to the son's speech impediment and the daughter's fear of harm as a member of a particular social group, made findings that were open to it, and committed no jurisdictional error. The Federal Circuit Court did not err in dismissing the application for judicial review.

Jurisdiction
Australia
Judgment Date
14 March 2017
Procedural Posture
Migration Appeal / Appeal From Federal Circuit Court to Federal Court
Outcome
Appeal dismissed
Legal Topics
['protection Visas' 'jurisdictional Error' 'judicial Review' 'well Founded Fear of Persecution' 'particular Social Group' 'procedural Fairness']
['migration Law' 'administrative Law'] ['protection Visas' 'jurisdictional Error' 'judicial Review' 'well Founded Fear of Persecution' 'particular Social Group' 'procedural Fairness']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From Federal Circuit Court to Federal Court

Legal Issues

  1. 1 ["Whether the Tribunal failed to consider the child's speech impediment in assessing reasonableness of relocation" 'Whether the Tribunal failed to consider the claim to fear persecution by reason of membership of a particular social group (girls who attend or have attended a western school)' 'Whether the Tribunal committed jurisdictional error']

Ratio Decidendi

The Tribunal considered and rejected the claims relating to the son's speech impediment and the daughter's fear of harm as a member of a particular social group, made findings that were open to it, and committed no jurisdictional error. The Federal Circuit Court did not err in dismissing the application for judicial review.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' "The first and second appellants are to pay the Minister's costs as agreed or assessed."]