AIO21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 114

AIO21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 114

The Tribunal's task did not require it to be satisfied that there were fundamental and durable changes in Algeria as to engage Article 1C of the Refugee Convention; the Tribunal complied with Direction 65 and considered the relevant obligations and evidence, including the ITOA and appellant's own testimony; the second judicial review application was not barred by res judicata, Anshun estoppel, or abuse of process due to the existence of special circumstances and because the asserted ground had not been previously determined.

Jurisdiction
Australia
Judgment Date
06 July 2022
Procedural Posture
Appeal / Full Court Judgment
Outcome
Appeal dismissed; Cross-appeal dismissed
Legal Topics
['international Non Refoulement Obligations' 'judicial Review' 'res Judicata' 'anshun Estoppel' 'abuse of Process' 'ministerial Direction 65' 'visa Cancellation' 'protection Visa' 'section 501 Ca(4)']
['administrative Law' 'migration Law' 'constitutional Law' 'human Rights'] ['international Non Refoulement Obligations' 'judicial Review' 'res Judicata' 'anshun Estoppel' 'abuse of Process' 'ministerial Direction 65' 'visa Cancellation' 'protection Visa' 'section 501 Ca(4)']

Case Brief

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Procedural Posture

Appeal / Full Court Judgment

Legal Issues

  1. 1 ["Whether the Tribunal failed to comply with cl 14(1)(a) of Direction 65 by failing to consider for itself 'international non-refoulement obligations'" 'Whether second judicial review application was precluded by res judicata, Anshun estoppel, or abuse of process']

Ratio Decidendi

The Tribunal's task did not require it to be satisfied that there were fundamental and durable changes in Algeria as to engage Article 1C of the Refugee Convention; the Tribunal complied with Direction 65 and considered the relevant obligations and evidence, including the ITOA and appellant's own testimony; the second judicial review application was not barred by res judicata, Anshun estoppel, or abuse of process due to the existence of special circumstances and because the asserted ground had not been previously determined.

Court Disposition

Appeal dismissed; Cross-appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal as agreed or assessed." 'The cross-appeal be dismissed.' "The first respondent pay the appellant's costs of the cross-appeal as agreed or assessed."]