BDT18 v Minister for Home Affairs [2019] FCA 1393

BDT18 v Minister for Home Affairs [2019] FCA 1393

The appellant was not granted leave to raise an entirely new claim of harm on appeal, as such claim was neither before the Authority nor apparent on the record; the Authority had not committed jurisdictional error, and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
29 August 2019
Procedural Posture
Appeal / Federal Court of Australia Judgment on Appeal From Federal Circuit Court
Outcome
Appeal dismissed with costs as agreed or assessed.
Legal Topics
['refugee Status Determination' 'jurisdictional Error' 'leave to Raise New Grounds on Appeal' 'evidence in Judicial Review' 'immigration Assessment Authority Process']
['migration' 'administrative Law' 'judicial Review'] ['refugee Status Determination' 'jurisdictional Error' 'leave to Raise New Grounds on Appeal' 'evidence in Judicial Review' 'immigration Assessment Authority Process']

Case Brief

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Procedural Posture

Appeal / Federal Court of Australia Judgment on Appeal From Federal Circuit Court

Legal Issues

  1. 1 ["Whether the primary judge erred in dismissing an application for judicial review of the Immigration Assessment Authority's decision affirming the refusal of a Safe Haven Enterprise Visa" 'Whether the appellant can rely on an entirely new claim not raised below' 'Whether it was an error for the Authority not to consider alleged new harms connected to being forced to become an informant']

Ratio Decidendi

The appellant was not granted leave to raise an entirely new claim of harm on appeal, as such claim was neither before the Authority nor apparent on the record; the Authority had not committed jurisdictional error, and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs as agreed or assessed.

Orders

  • ['The appeal be dismissed with costs as agreed or assessed.']