DAJ22 as Litigation Representative for DAH22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1677

DAJ22 as Litigation Representative for DAH22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1677

The Tribunal did not err in taking into account the genuineness of the mother's political activities as part of the assessment of the children’s protection visa claims, nor did the Tribunal fail to address the relevant integer of imputed political opinion. There was no illogicality, irrationality, or unreasonableness in the Tribunal’s factual findings or application of s 5J of the Migration Act 1958 (Cth). Leave to amend appeal grounds was only granted where the grounds were arguable and did not cause undue prejudice. The appeal was dismissed.

Parties
First Appellant: DAJ22 as Litigation Representative for DAH22; Second Appellant: DAJ22 as Litigation Representative for DAI22; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
22 November 2023
Procedural Posture
Appeal / Decision After Hearing
Outcome
appeal dismissed
Legal Topics
Protection Visas, Imputed Political Opinion, Sur Place Claim, Administrative Appeals, Procedural Fairness
Migration Law Administrative Law Protection Visas Imputed Political Opinion Sur Place Claim Administrative Appeals Procedural Fairness

Case Brief

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Parties

DAJ22 as Litigation Representative for DAH22

First Appellant

DAJ22 as Litigation Representative for DAI22

Second Appellant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Decision After Hearing

Legal Issues

  1. 1 Whether the Tribunal took into account an irrelevant consideration in assessing the motivation of the mother’s political activities
  2. 2 Whether the Tribunal failed to address an integer of the protection claim based on imputed political opinion
  3. 3 Whether the Tribunal’s reasoning was illogical or unreasonable in respect of a real risk of persecution

Ratio Decidendi

The Tribunal did not err in taking into account the genuineness of the mother's political activities as part of the assessment of the children’s protection visa claims, nor did the Tribunal fail to address the relevant integer of imputed political opinion. There was no illogicality, irrationality, or unreasonableness in the Tribunal’s factual findings or application of s 5J of the Migration Act 1958 (Cth). Leave to amend appeal grounds was only granted where the grounds were arguable and did not cause undue prejudice. The appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • As to the proposed amendment of the notice of appeal, leave is granted for grounds 1, 2 and 3 but refused for ground 4.
  • The appeal is dismissed.