ALS16 v Minister for Immigration and Border Protection [2018] FCA 1290

Procedural Posture

Migration Appeal From Federal Circuit Court Judicial Review Decision / Appeal to the Federal Court of Australia From ALS16 V Minister for Immigration and Anor [2018] FCCA 345

Legal Issues

1. 1 ['Whether the Federal Circuit Court erred in finding no jurisdictional error by the Tribunal in relation to ss 424A and 425 of the Migration Act 1958 (Cth).' "Whether the Tribunal constructively failed to consider the appellant's claims or any integer of his claims." 'Whether the Tribunal erred by rejecting or giving no weight to claimed corroborative evidence after making adverse credibility findings.' 'Whether leave should be granted to raise new grounds on appeal concerning conversion to Christianity, imputed conversion, complementary protection, and continuation of a relationship with a Christian woman.' "Whether the Tribunal's adverse credibility findings were legally unreasonable, illogical or unsupported by contrary evidence."]

Ratio Decidendi

The appeal was dismissed because the appellant failed to demonstrate appealable error in the Federal Circuit Court's decision. The Tribunal's adverse credibility findings, including its rejection of the appellant's account of marriage to a Christian woman, conversion to Christianity and harm in Bangladesh, were reasonably open on the material. Those findings permitted the Tribunal to give no weight to the claimed corroborative evidence and meant the factual substratum of the protection and complementary protection claims fell away. The appellant identified no information enlivening s 424A, was afforded a meaningful opportunity under s 425, and the proposed new grounds lacked sufficient...

Court Disposition

Appeal dismissed with costs payable by the appellant to the first respondent.

Orders

• ['The appeal is dismissed.' "The appellant pay the first respondent's costs of the appeal."]