AQF19 v Minister For Home Affairs [2020] FCA 967

AQF19 v Minister For Home Affairs [2020] FCA 967

Leave to amend was refused because the proposed new ground lacked sufficient merit. The IAA considered and accepted the appellant's illegal departure claim, was entitled to rely on the DFAT country information before it, and its conclusions that there was no real chance of arrest or serious harm were open. The challenge sought impermissible merits review and did not establish a failure to give genuine and realistic consideration, illogicality, irrationality, or jurisdictional error.

Jurisdiction
Australia
Judgment Date
10 July 2020
Procedural Posture
Migration Appeal From Federal Circuit Court Dismissal of Application for Judicial Review of Immigration Assessment Authority Decision Affirming Refusal of Protection Visa / Application for Leave to Amend Notice of Appeal and Appeal
Outcome
Leave to amend the notice of appeal refused; appeal dismissed with costs.
Legal Topics
['protection Visa' 'safe Haven Enterprise Visa' 'immigration Assessment Authority' 'judicial Review' 'jurisdictional Error' 'country Information' 'leave to Amend Notice of Appeal' 'illegal Departure From Myanmar' 'failed Asylum Seeker']
['migration' 'administrative Law' 'practice and Procedure'] ['protection Visa' 'safe Haven Enterprise Visa' 'immigration Assessment Authority' 'judicial Review' 'jurisdictional Error' 'country Information' 'leave to Amend Notice of Appeal' 'illegal Departure From Myanmar' 'failed Asylum Seeker']

Case Brief

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Procedural Posture

Migration Appeal From Federal Circuit Court Dismissal of Application for Judicial Review of Immigration Assessment Authority Decision Affirming Refusal of Protection Visa / Application for Leave to Amend Notice of Appeal and Appeal

Legal Issues

  1. 1 ['Whether the appellant should be granted leave to amend the notice of appeal to raise a new ground of judicial review not raised before the Federal Circuit Court.' "Whether the Immigration Assessment Authority failed to give genuine and realistic consideration to the appellant's claim to face harm for having departed Myanmar illegally." "Whether the Immigration Assessment Authority's reliance on DFAT country information involved illogicality or irrationality amounting to jurisdictional error."]

Ratio Decidendi

Leave to amend was refused because the proposed new ground lacked sufficient merit. The IAA considered and accepted the appellant's illegal departure claim, was entitled to rely on the DFAT country information before it, and its conclusions that there was no real chance of arrest or serious harm were open. The challenge sought impermissible merits review and did not establish a failure to give genuine and realistic consideration, illogicality, irrationality, or jurisdictional error.

Court Disposition

Leave to amend the notice of appeal refused; appeal dismissed with costs.

Orders

  • ['Leave to amend the notice of appeal dated 28 October 2019 be refused.' 'The appeal be dismissed.' "The appellant pay the first respondent's costs."]