SZRBN v Minister for Immigration and Border Protection [2019] FCA 995

SZRBN v Minister for Immigration and Border Protection [2019] FCA 995

The appeal failed because the Tribunal considered the extortion, past BNP involvement, general security, and complementary protection claims and its conclusions were open on the evidence. There was no evidence of past extortion, no independent evidence that Western returnees as a class were at particular risk, no risk profile increasing the appellants' risk, and no basis to disturb the Tribunal's credibility findings or to find procedural unfairness, bias, legal unreasonableness, or jurisdictional error.

Jurisdiction
Australia
Judgment Date
31 May 2019
Procedural Posture
Appeal From Dismissal of Applications for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of Protection (class Xa) Visas / Federal Court Appeal From SZRBN V Minister for Immigration & Anor [2018] FCCA 3017
Outcome
Appeal dismissed with costs. Leave to amend was granted only for grounds 3 to 10 of the Outline of Submission and declined for grounds 1, 2, 11, 12, 13, 14, 15 and 16.
Legal Topics
['protection Visas' 'jurisdictional Error' 'procedural Fairness' 'apprehended Bias' 'legal Unreasonableness' 'adverse Credibility Findings' 'extortion Risk' 'political Opinion' 'significant Harm']
['administrative Law' 'migration Law' 'judicial Review' 'complementary Protection'] ['protection Visas' 'jurisdictional Error' 'procedural Fairness' 'apprehended Bias' 'legal Unreasonableness' 'adverse Credibility Findings' 'extortion Risk' 'political Opinion' 'significant Harm']

Case Brief

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Procedural Posture

Appeal From Dismissal of Applications for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of Protection (class Xa) Visas / Federal Court Appeal From SZRBN V Minister for Immigration & Anor [2018] FCCA 3017

Legal Issues

  1. 1 ['Whether the Tribunal failed to consider a claim that the appellants, as returnees from a Western country, may be targets of convenience and at risk of extortion in Bangladesh' "Whether the Tribunal lawfully assessed the risk of significant harm arising from the first appellant's past involvement with the Bangladesh National Party" 'Whether the Tribunal failed to assess the claims under the complementary protection criterion' 'Whether the Tribunal denied natural justice or procedural fairness or was biased or closed minded' "Whether the Tribunal's adverse credibility findings lacked a logical or evidentiary connection to the material relied upon"]

Ratio Decidendi

The appeal failed because the Tribunal considered the extortion, past BNP involvement, general security, and complementary protection claims and its conclusions were open on the evidence. There was no evidence of past extortion, no independent evidence that Western returnees as a class were at particular risk, no risk profile increasing the appellants' risk, and no basis to disturb the Tribunal's credibility findings or to find procedural unfairness, bias, legal unreasonableness, or jurisdictional error.

Court Disposition

Appeal dismissed with costs. Leave to amend was granted only for grounds 3 to 10 of the Outline of Submission and declined for grounds 1, 2, 11, 12, 13, 14, 15 and 16.

Orders

  • ['The appeal be dismissed.' "The appellants pay the first respondent's costs, to be agreed or assessed."]