AZR17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2085

AZR17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2085

The appeal failed because the IAA was not required to form its own opinion about whether the appellant was an excluded fast track review applicant; absent anything obvious on the face of the referral, it was entitled to proceed on the basis that the Minister had referred a fast track reviewable decision. In any event, the available evidence did not support a conclusion that the appellant's claim had been refused by UNHCR. The IAA was aware of the 2015 Report, was not obliged to refer to every item of evidence, could choose the country information on which it relied, and there was no basis to conclude it overlooked the relevant passage.

Jurisdiction
Australia
Judgment Date
12 December 2019
Procedural Posture
Migration Appeal From Orders of the Federal Circuit Court Dismissing an Amended Application for Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Safe Haven Enterprise Visa / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['fast Track Reviewable Decision' 'excluded Fast Track Review Applicant' 'immigration Assessment Authority Jurisdiction' 'safe Haven Enterprise Visa' 'country Information' 'jurisdictional Error']
['migration Law' 'administrative Law' 'judicial Review'] ['fast Track Reviewable Decision' 'excluded Fast Track Review Applicant' 'immigration Assessment Authority Jurisdiction' 'safe Haven Enterprise Visa' 'country Information' 'jurisdictional Error']

Case Brief

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Procedural Posture

Migration Appeal From Orders of the Federal Circuit Court Dismissing an Amended Application for Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Safe Haven Enterprise Visa / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Immigration Assessment Authority was required to form an opinion as to whether the appellant had made a claim for protection in another country that had been refused by the Office of the United Nations High Commissioner for Refugees for the purposes of the definition of "excluded fast track review applicant" in s 5 of the Migration Act 1958 (Cth).' 'Whether the Immigration Assessment Authority committed jurisdictional error by failing to consider the appellant\'s submission and country information from the United States Department of State, "Sri Lanka — Country Report on Human Rights Practices 2015", dated 13 April 2016.']

Ratio Decidendi

The appeal failed because the IAA was not required to form its own opinion about whether the appellant was an excluded fast track review applicant; absent anything obvious on the face of the referral, it was entitled to proceed on the basis that the Minister had referred a fast track reviewable decision. In any event, the available evidence did not support a conclusion that the appellant's claim had been refused by UNHCR. The IAA was aware of the 2015 Report, was not obliged to refer to every item of evidence, could choose the country information on which it relied, and there was no basis to conclude it overlooked the relevant passage.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The Appellant pay the First Respondent's costs to be taxed in default of agreement."]