APX19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 683

APX19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 683

The Tribunal considered all the appellant's claims, including his asserted involvement in the 2007 post-election violence, but rejected them on adverse credibility findings; the appellant did not clearly articulate or particularise his claim before the Tribunal. As such, there was no jurisdictional error and the appeal must be dismissed.

Parties
Appellant: APX19; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
20 May 2020
Procedural Posture
Migration Appeal / Federal Court Decision on Appeal and Applications for Extension of Time and Further Evidence
Outcome
Appeal dismissed.
Legal Topics
Protection Visa, Credibility of Applicant, Jurisdictional Error, Extension of Time, Further Evidence on Appeal
Administrative Law Migration Law Human Rights Protection Visa Credibility of Applicant Jurisdictional Error Extension of Time Further Evidence on Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

APX19

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Appeal / Federal Court Decision on Appeal and Applications for Extension of Time and Further Evidence

Legal Issues

  1. 1 Whether the Tribunal failed to consider an integer of the appellant's protection claim
  2. 2 Whether extension of time to appeal should be granted
  3. 3 Whether leave to adduce further evidence should be granted

Ratio Decidendi

The Tribunal considered all the appellant's claims, including his asserted involvement in the 2007 post-election violence, but rejected them on adverse credibility findings; the appellant did not clearly articulate or particularise his claim before the Tribunal. As such, there was no jurisdictional error and the appeal must be dismissed.

Court Disposition

Appeal dismissed.

Orders

  • The name of the first respondent is amended to "Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs".
  • Time extended and leave granted for the appellant to file and rely on an amended notice of appeal pursuant to r 36.05 of the Federal Court Rules 2011 (Cth).