AES20 v Minister for Immigration, Citizenship & Multicultural Affairs [2023] FCA 1448

AES20 v Minister for Immigration, Citizenship & Multicultural Affairs [2023] FCA 1448

Leave to appeal was refused because the applicant did not show that the primary judge's summary dismissal of the judicial review application was attended by sufficient doubt or that substantial injustice would result if leave were refused. The proposed new s 424AA ground had no merit because the Tribunal recorded that it put the information pursuant to s 424AA and there was no transcript or other basis to doubt compliance. The social group ground was also without merit because it repeated the argument rejected below and did not demonstrate error in the primary judge's conclusion that the protection claim advanced was confined to political affiliation and opinion and, in any event,...

Jurisdiction
Australia
Judgment Date
23 November 2023
Procedural Posture
Migration Application for Leave to Appeal From Interlocutory Decision Dismissing Judicial Review Application / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['protection Visa' 'jurisdictional Error' 'procedural Fairness' 'show Cause Hearing' 'summary Dismissal' 'leave to Appeal From Interlocutory Decision' 'particular Social Group' 'migration Act S 424 AA Procedure']
['migration' 'administrative Law' 'judicial Review' 'appellate Procedure'] ['protection Visa' 'jurisdictional Error' 'procedural Fairness' 'show Cause Hearing' 'summary Dismissal' 'leave to Appeal From Interlocutory Decision' 'particular Social Group' 'migration Act S 424 AA Procedure']

Case Brief

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Procedural Posture

Migration Application for Leave to Appeal From Interlocutory Decision Dismissing Judicial Review Application / Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether the primary judge's interlocutory decision summarily dismissing the judicial review application was attended with sufficient doubt to warrant reconsideration on appeal." "Whether substantial injustice would result if leave to appeal were refused, supposing the primary judge's decision to be wrong." 'Whether the applicant should be permitted to rely on a new ground alleging jurisdictional error by failure to comply with s 424AA(1)(b)(iii) of the Migration Act 1958 (Cth).' 'Whether the Tribunal failed to consider a protection claim based on membership of a particular social group.']

Ratio Decidendi

Leave to appeal was refused because the applicant did not show that the primary judge's summary dismissal of the judicial review application was attended by sufficient doubt or that substantial injustice would result if leave were refused. The proposed new s 424AA ground had no merit because the Tribunal recorded that it put the information pursuant to s 424AA and there was no transcript or other basis to doubt compliance. The social group ground was also without merit because it repeated the argument rejected below and did not demonstrate error in the primary judge's conclusion that the protection claim advanced was confined to political affiliation and opinion and, in any event,...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs." 'The first respondent\'s name be changed to "Minister for Immigration, Citizenship and Multicultural Affairs".']