ADE17 v Minister for Immigration and Border Protection [2018] FCA 282

ADE17 v Minister for Immigration and Border Protection [2018] FCA 282

The appeal was dismissed because the asserted particular social group claim of Tamils facing sexual violence in Sri Lanka was not advanced before the Immigration Assessment Authority and did not arise on the material; the relevant DFAT or country information did not trigger an obligation to provide it to the appellant under s 473DE because it was either before the delegate, not part of the reason for affirmance, or class-based information within s 473DE(3)(a); and the Practice Direction did not deprive the appellant of a real and meaningful opportunity to make submissions or provide new information.

Jurisdiction
Australia
Judgment Date
28 February 2018
Procedural Posture
Migration Appeal / Appeal From a Decision of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Decision of the Immigration Assessment Authority Affirming a Refusal of a Protection Visa
Outcome
Appeal dismissed
Legal Topics
['protection Visa' 'immigration Assessment Authority' 'particular Social Group' 'dfat Reports' 'new Information' 'practice Direction' 'jurisdictional Error']
['migration Law' 'administrative Law'] ['protection Visa' 'immigration Assessment Authority' 'particular Social Group' 'dfat Reports' 'new Information' 'practice Direction' 'jurisdictional Error']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From a Decision of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Decision of the Immigration Assessment Authority Affirming a Refusal of a Protection Visa

Legal Issues

  1. 1 ['Whether the Federal Circuit Court judge erred in finding that the Immigration Assessment Authority did not fail to consider whether the appellant was a member of a particular social group within the meaning of s 5L of the Migration Act 1958 (Cth).' 'Whether the Immigration Assessment Authority was required by s 473DE of the Migration Act 1958 (Cth) to provide DFAT reports or other country information to the appellant and invite comment.' "Whether the Immigration Assessment Authority's Practice Direction or page restriction deprived the appellant of a reasonable opportunity to present submissions."]

Ratio Decidendi

The appeal was dismissed because the asserted particular social group claim of Tamils facing sexual violence in Sri Lanka was not advanced before the Immigration Assessment Authority and did not arise on the material; the relevant DFAT or country information did not trigger an obligation to provide it to the appellant under s 473DE because it was either before the delegate, not part of the reason for affirmance, or class-based information within s 473DE(3)(a); and the Practice Direction did not deprive the appellant of a real and meaningful opportunity to make submissions or provide new information.

Court Disposition

Appeal dismissed

Orders

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