AAA17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1541

AAA17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1541

Ground 1 was not raised before the Federal Circuit Court, was unparticularised, and the contention that risk of harm in Malaysia was not properly considered was plainly incorrect, so leave to raise it for the first time on appeal was not granted. Ground 2 failed because, on the only evidence of what occurred before the Tribunal, the Tribunal orally disclosed the relevant information from the Economy article pursuant to s 424AA in a way that adequately informed the appellant of the case he had to meet and gave him an opportunity to respond; the appellant conceded that his claim about the protest announcement and his father's involvement in the specific protest was untrue. The absence of a...

Jurisdiction
Australia
Judgment Date
19 December 2022
Procedural Posture
Migration Appeal From Dismissal of Application for Judicial Review / Appeal From the Federal Circuit Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa Refusal' 'procedural Fairness' 'migration Act 1958 (cth) Ss 424 a and 424 Aa' 'oral Disclosure of Adverse Information by Tribunal' 'administrative Appeals Tribunal Review']
['migration' 'administrative Law' 'judicial Review'] ['protection Visa Refusal' 'procedural Fairness' 'migration Act 1958 (cth) Ss 424 a and 424 Aa' 'oral Disclosure of Adverse Information by Tribunal' 'administrative Appeals Tribunal Review']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of Application for Judicial Review / Appeal From the Federal Circuit Court of Australia

Legal Issues

  1. 1 ['Whether the Tribunal denied procedural fairness or failed to comply with ss 424A and 424AA of the Migration Act 1958 (Cth) by not giving the appellant a physical copy of an Economy magazine article relied on.' 'Whether the appellant should be permitted to raise for the first time on appeal a ground alleging wrong application of law and improper consideration of risk of harm in Malaysia.']

Ratio Decidendi

Ground 1 was not raised before the Federal Circuit Court, was unparticularised, and the contention that risk of harm in Malaysia was not properly considered was plainly incorrect, so leave to raise it for the first time on appeal was not granted. Ground 2 failed because, on the only evidence of what occurred before the Tribunal, the Tribunal orally disclosed the relevant information from the Economy article pursuant to s 424AA in a way that adequately informed the appellant of the case he had to meet and gave him an opportunity to respond; the appellant conceded that his claim about the protest announcement and his father's involvement in the specific protest was untrue. The absence of a...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The name of the first respondent be amended to Minister for Immigration, Citizenship and Multicultural Affairs' 'The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal, as agreed or taxed."]