ABZ15 v Minister for Immigration and Border Protection [2018] FCA 1402

ABZ15 v Minister for Immigration and Border Protection [2018] FCA 1402

The appeal was dismissed because the appellant did not demonstrate error by the primary judge. The Tribunal had considered the appellant's claimed fears individually and cumulatively, including his Tamil ethnicity, Catholicism, origin from Batticaloa, police employment, illegal departure and return as a failed asylum seeker. The additional detention and businessman or authority intimidation claims were not raised before the Federal Circuit Court and were not made to, nor clearly raised by the material before, the Tribunal, so no jurisdictional error was established.

Jurisdiction
Australia
Judgment Date
07 August 2018
Procedural Posture
Migration Appeal From the Federal Circuit Court of Australia Concerning Refusal of a Protection Visa / Appeal Dismissed
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'particular Social Group' 'complementary Protection' 'illegal Departure From Sri Lanka']
['migration' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'particular Social Group' 'complementary Protection' 'illegal Departure From Sri Lanka']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Circuit Court of Australia Concerning Refusal of a Protection Visa / Appeal Dismissed

Legal Issues

  1. 1 ["Whether the Tribunal failed to consider a claim based on a particular social group involving the appellant's Tamil ethnicity and employment in the police force in Sri Lanka." 'Whether the Tribunal failed to consider an increased risk of harm in detention upon return to Sri Lanka by reason of the appellant having been a Tamil police clerk.' 'Whether the Tribunal failed to consider whether the appellant would be subject to intimidation for favours by businessmen or authorities because of perceived police connections.']

Ratio Decidendi

The appeal was dismissed because the appellant did not demonstrate error by the primary judge. The Tribunal had considered the appellant's claimed fears individually and cumulatively, including his Tamil ethnicity, Catholicism, origin from Batticaloa, police employment, illegal departure and return as a failed asylum seeker. The additional detention and businessman or authority intimidation claims were not raised before the Federal Circuit Court and were not made to, nor clearly raised by the material before, the Tribunal, so no jurisdictional error was established.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed.' "The appellant is to pay the first respondent's costs of the appeal."]