ALO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 760

ALO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 760

The Tribunal did not misapprehend or misapply the statutory test for 'complementary protection' and applied both limbs of the definition in s 5(1) of the Migration Act; further, no reasonable apprehension of bias arose as the Tribunal ventilated prejudicial material with the applicant and set it aside for its decision.

Parties
Appellant: ALO19; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
08 July 2021
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Protection Visas, Complementary Protection, Apprehended Bias, Judicial Review
Migration Law Administrative Law Human Rights Protection Visas Complementary Protection Apprehended Bias Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

ALO19

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Federal Circuit Court erred in failing to find that the Tribunal misapprehended or misapplied the test for 'complementary protection'
  2. 2 Whether the Federal Circuit Court erred in failing to find that the Tribunal's decision was affected by apprehended bias

Ratio Decidendi

The Tribunal did not misapprehend or misapply the statutory test for 'complementary protection' and applied both limbs of the definition in s 5(1) of the Migration Act; further, no reasonable apprehension of bias arose as the Tribunal ventilated prejudicial material with the applicant and set it aside for its decision.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant will pay the first respondent's costs, to be taxed if not agreed.