AVJ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1056

AVJ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1056

The Tribunal's reliance on the 2016 DFAT Report containing a factual error regarding Bangladeshi law did not constitute a constructive failure to exercise jurisdiction or jurisdictional error; reliance on probative material, even if containing an error, is permissible and the Tribunal's statutory function was properly performed.

Parties
Appellant: AVJ17; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
12 September 2022
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Jurisdictional Error, Reliance on Country Information, Constructive Failure to Exercise Jurisdiction
Administrative Law Migration Law Constitutional Law Human Rights Judicial Review Jurisdictional Error Reliance on Country Information Constructive Failure to Exercise Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

AVJ17

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal's reliance on erroneous country information constituted jurisdictional error
  2. 2 Whether reliance on material containing a factual error constitutes a constructive failure to exercise jurisdiction
  3. 3 Whether the Tribunal assessed the appellant's claim by reference to probative material as required by statute

Ratio Decidendi

The Tribunal's reliance on the 2016 DFAT Report containing a factual error regarding Bangladeshi law did not constitute a constructive failure to exercise jurisdiction or jurisdictional error; reliance on probative material, even if containing an error, is permissible and the Tribunal's statutory function was properly performed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs of the appeal.