BBE15 v Minister for Immigration and Border Protection [2017] FCA 111

BBE15 v Minister for Immigration and Border Protection [2017] FCA 111

The appellant failed to show appealable error in the Federal Circuit Court's dismissal of his judicial review application. There was no substantial, clearly articulated claim, based on established facts, that the appellant had a risk profile because of supply or storage of groceries for the LTTE or family links with such persons; alternatively, any such claim was subsumed in the Tribunal's findings that he was not suspected or perceived to be an LTTE member and was not wanted by or at risk from the authorities. The primary judge also did not err in finding that the Tribunal's treatment of country information was open to it and that the appellant's profile did not fall within categories of...

Jurisdiction
Australia
Judgment Date
16 February 2017
Procedural Posture
Migration Appeal Concerning Refusal of a Protection (class Xa) Visa / Appeal From the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of the Tribunal's Decision
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'jurisdictional Error' 'failure to Consider Claim' 'no Evidence Ground' 'country Information' 'credibility Findings' 'failed Asylum Seeker' 'tamil Returnee to Sri Lanka']
['migration Law' 'administrative Law' 'refugee and Complementary Protection Law'] ['protection Visa' 'jurisdictional Error' 'failure to Consider Claim' 'no Evidence Ground' 'country Information' 'credibility Findings' 'failed Asylum Seeker' 'tamil Returnee to Sri Lanka']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Appeal Concerning Refusal of a Protection (class Xa) Visa / Appeal From the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of the Tribunal's Decision

Legal Issues

  1. 1 ['Whether the primary judge erred by failing to find that the Tribunal committed jurisdictional error.' "Whether the Tribunal failed to identify or assess an integer of the appellant's claim concerning groceries supplied or stored for the LTTE and suspected links to the LTTE." 'Whether the Tribunal made a finding unsupported by evidence or misstated country information concerning Tamil returnees with LTTE links.' 'Whether the appellant should have leave to raise new oral complaints on appeal concerning interpretation, confusion, credibility, bias and further factual matters.']

Ratio Decidendi

The appellant failed to show appealable error in the Federal Circuit Court's dismissal of his judicial review application. There was no substantial, clearly articulated claim, based on established facts, that the appellant had a risk profile because of supply or storage of groceries for the LTTE or family links with such persons; alternatively, any such claim was subsumed in the Tribunal's findings that he was not suspected or perceived to be an LTTE member and was not wanted by or at risk from the authorities. The primary judge also did not err in finding that the Tribunal's treatment of country information was open to it and that the appellant's profile did not fall within categories of...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' 'The appellant pay the costs of the first respondent to be taxed, if not agreed.']