AJB17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 455

AJB17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 455

The appeal failed because the appellant did not establish that the Tribunal withheld information to which s 424A or s 424AA applied. His own knowledge and evidence about Falun Gong were information he gave for the review and were excluded from s 424A, and the Tribunal's reasons showed that its concerns about his lack of knowledge and the divergence from background information were put to him and he was given an opportunity to respond. The proposed relevant-consideration ground lacked sufficient prospects and leave was refused, and the bias allegation was unparticularised and amounted only to disagreement with adverse credibility findings.

Jurisdiction
Australia
Judgment Date
29 April 2022
Procedural Posture
Migration Appeal From Dismissal of Application for Judicial Review / Appeal From AJB17 V Minister for Immigration & Anor [2019] FCCA 2854
Outcome
Appeal dismissed; leave to advance ground 3 refused.
Legal Topics
['protection Visa' 'falun Gong Practitioner Claim' 'jurisdictional Error' 'procedural Fairness' 'migration Act 1958 (cth) S 424 Aa' 'migration Act 1958 (cth) S 424 A' 'bias' 'leave to Raise New Ground on Appeal']
['migration Law' 'administrative Law' 'judicial Review'] ['protection Visa' 'falun Gong Practitioner Claim' 'jurisdictional Error' 'procedural Fairness' 'migration Act 1958 (cth) S 424 Aa' 'migration Act 1958 (cth) S 424 A' 'bias' 'leave to Raise New Ground on Appeal']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of Application for Judicial Review / Appeal From AJB17 V Minister for Immigration & Anor [2019] FCCA 2854

Legal Issues

  1. 1 ["Whether the Tribunal committed jurisdictional error by failing to comply with s 424AA or s 424A of the Migration Act 1958 (Cth) in relation to adverse information about the appellant's claimed Falun Gong practice." 'Whether the primary judge erred in rejecting an unparticularised allegation of bias by the Tribunal.' 'Whether the appellant should have leave to advance a new ground alleging that the Tribunal ignored a relevant consideration.' "Whether the appeal grounds otherwise disclosed jurisdictional error in the Tribunal's decision."]

Ratio Decidendi

The appeal failed because the appellant did not establish that the Tribunal withheld information to which s 424A or s 424AA applied. His own knowledge and evidence about Falun Gong were information he gave for the review and were excluded from s 424A, and the Tribunal's reasons showed that its concerns about his lack of knowledge and the divergence from background information were put to him and he was given an opportunity to respond. The proposed relevant-consideration ground lacked sufficient prospects and leave was refused, and the bias allegation was unparticularised and amounted only to disagreement with adverse credibility findings.

Court Disposition

Appeal dismissed; leave to advance ground 3 refused.

Orders

  • ['The appeal is dismissed.']