AJH19 v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 821

AJH19 v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 821

The Federal Circuit Court was not shown to have erred. The Authority had regard to the police brutality claims and, in any event, those claims were subsumed in broader findings that the appellant was only a low-level BNP supporter and would not participate in BNP activities if returned to Bangladesh. The asserted voting, Dhaka and political information was not established to be new information and was largely argument about findings open on material before the delegate. Any failure to consider the protest information was immaterial because the Authority accepted that the appellant attended the protest.

Jurisdiction
Australia
Judgment Date
11 June 2020
Procedural Posture
Appeal From the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Decision of the Immigration Assessment Authority Affirming Refusal of a Safe Haven Enterprise (subclass 790) Visa / Appeal Dismissed
Outcome
The appeal was dismissed with costs.
Legal Topics
['judicial Review' 'immigration Assessment Authority' 'safe Haven Enterprise Visa' 'new Information' 'failure to Consider Claims' 'jurisdictional Error']
['administrative Law' 'migration Law'] ['judicial Review' 'immigration Assessment Authority' 'safe Haven Enterprise Visa' 'new Information' 'failure to Consider Claims' 'jurisdictional Error']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal From the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Decision of the Immigration Assessment Authority Affirming Refusal of a Safe Haven Enterprise (subclass 790) Visa / Appeal Dismissed

Legal Issues

  1. 1 ["Whether the Federal Circuit Court erred in rejecting the contention that the Immigration Assessment Authority failed to consider integers of the appellant's claim relating to police brutality." 'Whether the Federal Circuit Court erred in rejecting the contention that the Immigration Assessment Authority failed to consider new information provided by the appellant pursuant to s 473DD of the Migration Act 1958 (Cth).' 'Whether any alleged failure to consider the protest information was material to the outcome.']

Ratio Decidendi

The Federal Circuit Court was not shown to have erred. The Authority had regard to the police brutality claims and, in any event, those claims were subsumed in broader findings that the appellant was only a low-level BNP supporter and would not participate in BNP activities if returned to Bangladesh. The asserted voting, Dhaka and political information was not established to be new information and was largely argument about findings open on material before the delegate. Any failure to consider the protest information was immaterial because the Authority accepted that the appellant attended the protest.

Court Disposition

The appeal was dismissed with costs.

Orders

  • ['The appeal be dismissed.' 'The appellant pay the respondents costs.']