AUG16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1413

AUG16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1413

The appeal was dismissed because the appellant failed to demonstrate that the Tribunal misapplied the legal test on internal relocation, that there was jurisdictional error regarding the appellant's father's passport, or that non-disclosure of the s 438 certificate resulted in practical injustice; there was evidence to support the Tribunal's findings and no error or jurisdictional error was found.

Parties
Appellant: AUG16; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
29 August 2019
Procedural Posture
Migration Appeal / Appeal From Federal Circuit Court
Outcome
appeal dismissed
Legal Topics
Protection Visa, Jurisdictional Error, Internal Relocation, Evidence, S 438 Certificate
Migration Protection Visa Jurisdictional Error Internal Relocation Evidence S 438 Certificate

Case Brief

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Parties

AUG16

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Appeal / Appeal From Federal Circuit Court

Legal Issues

  1. 1 Whether the Tribunal misapplied the legal test with respect to the viability of internal relocation
  2. 2 Whether there was jurisdictional error in the Tribunal's finding regarding the appellant's father's passport
  3. 3 Whether non-disclosure of a s 438 certificate constituted jurisdictional error

Ratio Decidendi

The appeal was dismissed because the appellant failed to demonstrate that the Tribunal misapplied the legal test on internal relocation, that there was jurisdictional error regarding the appellant's father's passport, or that non-disclosure of the s 438 certificate resulted in practical injustice; there was evidence to support the Tribunal's findings and no error or jurisdictional error was found.

Court Disposition

appeal dismissed

Orders

  • The name of the first respondent be amended to 'Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs'.
  • The appeal be dismissed.