BCD16 v Minister for Immigration and Border Protection [2019] FCA 592

BCD16 v Minister for Immigration and Border Protection [2019] FCA 592

The appeal was dismissed because the alleged claims based on imputed membership of journalists and media professionals in Sri Lanka, or generalised harm as a perceived journalist or media professional, were not expressly advanced and did not squarely arise from established facts in light of the Tribunal's adverse credibility findings and rejection of the factual predicates for any such profile. The Tribunal was not required to discover and assess potential claims not made. The s 425 ground also failed because the appellant's credibility and asserted future intentions were in issue, he himself raised his desire to be politically active at the Tribunal hearing, and the Tribunal gave him a...

Jurisdiction
Australia
Judgment Date
30 April 2019
Procedural Posture
Migration Appeal From Federal Circuit Court Dismissal of Judicial Review of Administrative Appeals Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa Refusal' 'credibility Findings' 'particular Social Group' 'imputed Membership of Journalists and Media Professionals in Sri Lanka' 'generalised Harm as Perceived Journalist or Media Professional' 'section 425 Invitation to Give Evidence and Present Arguments' 'constructive Failure to Exercise Jurisdiction' 'procedural Fairness']
['migration Law' 'administrative Law' 'refugee and Protection Visas'] ['protection Visa Refusal' 'credibility Findings' 'particular Social Group' 'imputed Membership of Journalists and Media Professionals in Sri Lanka' 'generalised Harm as Perceived Journalist or Media Professional' 'section 425 Invitation to Give Evidence and Present Arguments' 'constructive Failure to Exercise Jurisdiction' 'procedural Fairness']

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Procedural Posture

Migration Appeal From Federal Circuit Court Dismissal of Judicial Review of Administrative Appeals Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Tribunal failed to consider a claim that the appellant could suffer serious harm by reason of imputed membership of the particular social group "journalists and media professionals in Sri Lanka".' 'Whether the Tribunal failed to consider whether the appellant would face generalised harm as a perceived journalist or media professional.' 'Whether the Tribunal breached s 425 of the Migration Act 1958 (Cth) by failing to invite the appellant to give evidence and present arguments about whether he would pursue politics or be a political activist upon return to Sri Lanka.']

Ratio Decidendi

The appeal was dismissed because the alleged claims based on imputed membership of journalists and media professionals in Sri Lanka, or generalised harm as a perceived journalist or media professional, were not expressly advanced and did not squarely arise from established facts in light of the Tribunal's adverse credibility findings and rejection of the factual predicates for any such profile. The Tribunal was not required to discover and assess potential claims not made. The s 425 ground also failed because the appellant's credibility and asserted future intentions were in issue, he himself raised his desire to be politically active at the Tribunal hearing, and the Tribunal gave him a...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed.' "The appellant must pay the first respondent's costs as agreed or taxed."]