FJX17 v Minister for Home Affairs [2019] FCA 325

FJX17 v Minister for Home Affairs [2019] FCA 325

Leave to amend was refused because the proposed ground was not arguable. Although the Authority did not in terms identify former workers for the American forces as a particular social group, its reasons specifically addressed the first appellant's past work with coalition forces and concluded that this past association did not give rise to a real chance of harm on return to Iraq. That conclusion was reasonably open on the material, and the Authority's decision was logically explained. Accordingly the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
04 February 2019
Procedural Posture
Migration Appeal From Federal Circuit Court Judicial Review Decision Concerning Refusal of Safe Haven Enterprise Visas / Appeal and Application for Leave to Amend the Notice of Appeal
Outcome
Application for leave to amend the Notice of Appeal refused; appeal dismissed; first appellant ordered to pay the first respondent's costs.
Legal Topics
['protection Visas' 'safe Haven Enterprise Visa' 'particular Social Group' 'well Founded Fear of Persecution' 'real Chance of Harm' 'leave to Raise New Ground on Appeal']
['migration Law' 'administrative Law' 'judicial Review'] ['protection Visas' 'safe Haven Enterprise Visa' 'particular Social Group' 'well Founded Fear of Persecution' 'real Chance of Harm' 'leave to Raise New Ground on Appeal']

Case Brief

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Procedural Posture

Migration Appeal From Federal Circuit Court Judicial Review Decision Concerning Refusal of Safe Haven Enterprise Visas / Appeal and Application for Leave to Amend the Notice of Appeal

Legal Issues

  1. 1 ['Whether the appellants should have leave to amend the Notice of Appeal to raise a ground not raised before the Federal Circuit Court.' 'Whether the Immigration Assessment Authority failed to consider whether the first appellant was a member of a particular social group comprising Iraqi citizens who assisted Coalition Forces in Iraq.' "Whether the Authority failed to deal with an integer of the protection visa claim concerning the first appellant's past work with coalition forces." "Whether the Authority's conclusion that there was no real chance of harm was reasonably open."]

Ratio Decidendi

Leave to amend was refused because the proposed ground was not arguable. Although the Authority did not in terms identify former workers for the American forces as a particular social group, its reasons specifically addressed the first appellant's past work with coalition forces and concluded that this past association did not give rise to a real chance of harm on return to Iraq. That conclusion was reasonably open on the material, and the Authority's decision was logically explained. Accordingly the appeal was dismissed.

Court Disposition

Application for leave to amend the Notice of Appeal refused; appeal dismissed; first appellant ordered to pay the first respondent's costs.

Orders

  • ['The application for leave to amend the Notice of Appeal so as to raise the ground specified as ground 1 in the Supplementary Notice of Appeal be refused.' 'The appeal be dismissed.' 'The first appellant pay the costs of the first respondent of and incidental to the appeal, to be taxed if not agreed.']