AUE15 v Minister for Immigration and Border Protection [2016] FCA 331

AUE15 v Minister for Immigration and Border Protection [2016] FCA 331

The Tribunal did not commit jurisdictional error. Its reasons showed that it took into account and actively engaged with the relevant PAM3 guideline considerations and DFAT country information when assessing whether return to Sri Lanka as an illegal departee would expose the appellant to significant harm. The second alleged issue was not a substantial, clearly articulated claim before the Tribunal, and the Tribunal was entitled to act on country information and the appellant's own submissions that returned illegal departees generally received fines rather than mandatory imprisonment. There was no evidentiary basis requiring the Tribunal to construe Art 45(1)(b) as imposing mandatory...

Jurisdiction
Australia
Judgment Date
19 February 2016
Procedural Posture
Migration Appeal From Federal Circuit Court Decision Refusing Constitutional Writ Relief in Respect of Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'complementary Protection' 'failed Asylum Seeker' 'illegal Departure From Sri Lanka' 'pam3 Guidelines' 'ministerial Direction No 56' 'construction of Foreign Legislation' 'jurisdictional Error']
['migration' 'administrative Law' 'human Rights'] ['protection Visa' 'complementary Protection' 'failed Asylum Seeker' 'illegal Departure From Sri Lanka' 'pam3 Guidelines' 'ministerial Direction No 56' 'construction of Foreign Legislation' 'jurisdictional Error']

Case Brief

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Procedural Posture

Migration Appeal From Federal Circuit Court Decision Refusing Constitutional Writ Relief in Respect of Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Tribunal failed to have an active intellectual engagement with the PAM3 guidelines promulgated pursuant to s 499 of the Migration Act 1958 (Cth) under Ministerial Direction No 56.' "Whether the Tribunal failed to address a claimed integer concerning whether the Sri Lankan Parliament's enactment of penalties in the Immigrants and Emigrants Act 1949 for illegal departure itself amounted to significant harm or degrading treatment or punishment under s 36(2A)(e) of the Migration Act 1958 (Cth)." "Whether construction of foreign legislation or law was a question of fact in the circumstances of the Tribunal's decision."]

Ratio Decidendi

The Tribunal did not commit jurisdictional error. Its reasons showed that it took into account and actively engaged with the relevant PAM3 guideline considerations and DFAT country information when assessing whether return to Sri Lanka as an illegal departee would expose the appellant to significant harm. The second alleged issue was not a substantial, clearly articulated claim before the Tribunal, and the Tribunal was entitled to act on country information and the appellant's own submissions that returned illegal departees generally received fines rather than mandatory imprisonment. There was no evidentiary basis requiring the Tribunal to construe Art 45(1)(b) as imposing mandatory...

Court Disposition

Appeal dismissed with costs.

Orders

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