BBY21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 68

BBY21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 68

The Tribunal's findings regarding the absence of an outstanding warrant and the risk to the appellant upon return to Singapore, the lack of obligation to make further inquiries with SORC, and the limited weight given to witness evidence were open to it on the evidence and did not constitute jurisdictional error; the primary judge therefore did not err.

Jurisdiction
Australia
Judgment Date
04 February 2022
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['protection Visa' 'judicial Review' 'jurisdictional Error' 'assessment of Evidence']
['migration' 'administrative and Constitutional Law' 'human Rights'] ['protection Visa' 'judicial Review' 'jurisdictional Error' 'assessment of Evidence']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the Tribunal erred in not being satisfied there was an outstanding warrant for the appellant's arrest in Singapore" 'Whether the Tribunal was required to make an inquiry of the New South Wales Serious Offenders Review Council regarding the warrant' 'Whether the Tribunal misunderstood the significance of the evidence of two witnesses']

Ratio Decidendi

The Tribunal's findings regarding the absence of an outstanding warrant and the risk to the appellant upon return to Singapore, the lack of obligation to make further inquiries with SORC, and the limited weight given to witness evidence were open to it on the evidence and did not constitute jurisdictional error; the primary judge therefore did not err.

Court Disposition

Appeal dismissed

Orders

  • ['The notice of appeal be treated as asserting grounds of appeal corresponding to the grounds of review ultimately argued before the primary judge, and asserting error on the part of his Honour in addressing those grounds of review.' 'The appeal be dismissed.' "The appellant pay the first respondent's costs as...