ALP15 v Minister for Immigration and Border Protection [2019] FCA 1123
The Tribunal had lawfully and cumulatively considered the applicant's claims of low-level harassment, together with his and his father's actual experiences as fishermen, and was entitled on the evidence to find that the harm described did not amount to 'serious harm' within the meaning of s 5J(4)(b) and s 5J(5)(f) of the Migration Act 1958 (Cth). The FCCA Judge did not err in so finding, and therefore the appeal fails.
- Jurisdiction
- Australia
- Judgment Date
- 23 July 2019
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- ['protection Visas' 'judicial Review' 'persecution Definition' 'cumulative Harm' 'serious Harm Under S 5 J Migration Act']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ["Whether the Tribunal lawfully considered the cumulative effect over time of 'low level harassment' as amounting to serious harm within the meaning of s 5J(4)(b) of the Migration Act 1958 (Cth)"]
Ratio Decidendi
The Tribunal had lawfully and cumulatively considered the applicant's claims of low-level harassment, together with his and his father's actual experiences as fishermen, and was entitled on the evidence to find that the harm described did not amount to 'serious harm' within the meaning of s 5J(4)(b) and s 5J(5)(f) of the Migration Act 1958 (Cth). The FCCA Judge did not err in so finding, and therefore the appeal fails.
Court Disposition
Appeal dismissed
Orders
- ['The appeal be dismissed.' "The appellant must pay the first respondent's costs as agreed or taxed."]
Full Case Text
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