BBN16 v Minister for Immigration and Border Protection [2019] FCA 1478

BBN16 v Minister for Immigration and Border Protection [2019] FCA 1478

The Tribunal addressed the appellant's claims that local Sunni extremists could locate him elsewhere in Pakistan through NADRA and that he feared harm as a Shi'a Muslim anywhere in Pakistan; the appellant had not advanced a distinct claim before the Tribunal that terrorist sympathisers or persons beyond his local area would pursue him because of his conversion. The proposed relocation ground was not raised below and identified no jurisdictional error, because the Tribunal asked the correct relocation question and reached a conclusion open to it. There was therefore no error by the primary judge and no basis to grant leave for the new ground.

Jurisdiction
Australia
Judgment Date
09 September 2019
Procedural Posture
Migration Appeal From a Decision of the Federal Circuit Court Dismissing an Application for Judicial Review Under S 476 of the Migration Act 1958 (cth) / Appeal
Outcome
Appeal dismissed; leave to raise the new relocation ground declined.
Legal Topics
['protection Visa' 'judicial Review' 'jurisdictional Error' 'administrative Appeals Tribunal' 'relocation Within Country of Nationality' 'leave to Raise New Ground on Appeal']
['migration' 'administrative Law'] ['protection Visa' 'judicial Review' 'jurisdictional Error' 'administrative Appeals Tribunal' 'relocation Within Country of Nationality' 'leave to Raise New Ground on Appeal']

Case Brief

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Procedural Posture

Migration Appeal From a Decision of the Federal Circuit Court Dismissing an Application for Judicial Review Under S 476 of the Migration Act 1958 (cth) / Appeal

Legal Issues

  1. 1 ["Whether the primary judge erred in concluding that the Tribunal considered the appellant's claim that local Sunni extremists could locate him throughout Pakistan through corrupt access to NADRA." 'Whether the appellant should be granted leave to raise a new appeal ground concerning the reasonableness of relocation within Pakistan.' 'Whether the Tribunal committed jurisdictional error in finding that relocation outside Sargodha was reasonable and practicable.']

Ratio Decidendi

The Tribunal addressed the appellant's claims that local Sunni extremists could locate him elsewhere in Pakistan through NADRA and that he feared harm as a Shi'a Muslim anywhere in Pakistan; the appellant had not advanced a distinct claim before the Tribunal that terrorist sympathisers or persons beyond his local area would pursue him because of his conversion. The proposed relocation ground was not raised below and identified no jurisdictional error, because the Tribunal asked the correct relocation question and reached a conclusion open to it. There was therefore no error by the primary judge and no basis to grant leave for the new ground.

Court Disposition

Appeal dismissed; leave to raise the new relocation ground declined.

Orders

  • ['The appeal filed on 20 November 2018 is dismissed.' "The appellant is to pay the first respondent's costs."]