AYC18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1502

AYC18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1502

The Authority did not commit jurisdictional error by failing to make a specific finding about the availability of a family member guarantor, or by referring to country information from 2017 rather than 2018, since the 2017 report was more specific to returnees and not contradicted by the 2018 report. The Authority properly applied the 'real risk' test under s 36(2)(aa) of the Migration Act, and the alleged errors could not affect the outcome. The appeal was dismissed.

Jurisdiction
Australia
Judgment Date
01 December 2023
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['protection Visas' 'judicial Review' 'jurisdictional Error' 'use of Country Information' 'complementary Protection']
['migration Law'] ['protection Visas' 'judicial Review' 'jurisdictional Error' 'use of Country Information' 'complementary Protection']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Authority erred by not making a finding about the availability of a family member to act as guarantor for bail in Sri Lanka' 'Whether the Authority erred in relying on earlier country information reports instead of more recent reports' "Whether the Authority applied the correct 'real risk' test under s 36(2)(aa) of the Migration Act" 'Whether primary judge erred in considering claims made before the Authority']

Ratio Decidendi

The Authority did not commit jurisdictional error by failing to make a specific finding about the availability of a family member guarantor, or by referring to country information from 2017 rather than 2018, since the 2017 report was more specific to returnees and not contradicted by the 2018 report. The Authority properly applied the 'real risk' test under s 36(2)(aa) of the Migration Act, and the alleged errors could not affect the outcome. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The name of the first respondent be amended to Minister for Immigration, Citizenship and Multicultural Affairs.' 'Appeal dismissed.' "The appellant pay the first respondent's costs to be assessed by a registrar of this Court if not agreed."]