BEN17 v Minister for Immigration and Border Protection [2019] FCA 1232

BEN17 v Minister for Immigration and Border Protection [2019] FCA 1232

The appeal failed because the grounds were vague and unparticularised, the allegation of bias was not distinctly made or clearly proved and nothing in the Authority's decision suggested actual or apprehended bias. The appellant did not identify any issue or question wrongly addressed by the Authority, and the Authority had considered the appellant's protection claims, country information, convention grounds under s 36(2)(a), complementary protection grounds under s 36(2)(aa), and risks arising from illegal departure. No appellable error by the primary judge was established.

Jurisdiction
Australia
Judgment Date
08 August 2019
Procedural Posture
Migration Appeal / Appeal From a Decision of the Federal Circuit Court of Australia Dismissing an Application for a Constitutional Writ Under S 476 of the Migration Act 1958 (cth) in Respect of a Decision of the Immigration Assessment Authority Affirming Refusal of a Safe Haven Class Visa
Outcome
Appeal dismissed with costs fixed in favour of the first respondent.
Legal Topics
['safe Haven Enterprise Visa' 'immigration Assessment Authority' 'jurisdictional Error' 'bias' 'reasonable Apprehension of Bias' 'wrong Issue or Wrong Question' 'complementary Protection' 'illegal Departure From Sri Lanka']
['migration' 'administrative and Constitutional Law and Human Rights'] ['safe Haven Enterprise Visa' 'immigration Assessment Authority' 'jurisdictional Error' 'bias' 'reasonable Apprehension of Bias' 'wrong Issue or Wrong Question' 'complementary Protection' 'illegal Departure From Sri Lanka']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From a Decision of the Federal Circuit Court of Australia Dismissing an Application for a Constitutional Writ Under S 476 of the Migration Act 1958 (cth) in Respect of a Decision of the Immigration Assessment Authority Affirming Refusal of a Safe Haven Class Visa

Legal Issues

  1. 1 ["Whether the primary judge erred in failing to find that the Immigration Assessment Authority's decision was affected by bias based on conscious or unconscious prejudice by ignoring relevant material" 'Whether the primary judge erred in failing to find that the Immigration Assessment Authority identified a wrong issue or wrong question' "Whether any appellable error was established in the Federal Circuit Court's dismissal of the application"]

Ratio Decidendi

The appeal failed because the grounds were vague and unparticularised, the allegation of bias was not distinctly made or clearly proved and nothing in the Authority's decision suggested actual or apprehended bias. The appellant did not identify any issue or question wrongly addressed by the Authority, and the Authority had considered the appellant's protection claims, country information, convention grounds under s 36(2)(a), complementary protection grounds under s 36(2)(aa), and risks arising from illegal departure. No appellable error by the primary judge was established.

Court Disposition

Appeal dismissed with costs fixed in favour of the first respondent.

Orders

  • ['The appeal is dismissed.' "The appellant must pay the first respondent's costs of the appeal fixed in the sum of $7,241." 'Within 30 days from the date of this order the Minister may file and serve any application for orders that the costs of these proceedings be paid by a third party.']