BHF17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 849

BHF17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 849

Leave to raise the new ground was refused because the argument was not raised before the primary judge, no explanation was provided for that failure, and in any event it lacked merit: the Immigration Assessment Authority had regard to the DFAT Report, which contained information about the most recent elections at the time of its decision, so its finding that politically motivated violence was greatly reduced in recent elections was supported by probative evidence and was not legally unreasonable, illogical or irrational.

Jurisdiction
Australia
Judgment Date
23 July 2021
Procedural Posture
Migration Appeal From Federal Circuit Court Dismissal of Application for Judicial Review of Immigration Assessment Authority Decision / Appeal; Application for Leave to Raise a New Ground of Appeal
Outcome
Leave to rely on the new ground of appeal refused; appeal dismissed with costs awarded to the first respondent.
Legal Topics
['safe Haven Enterprise Visa' 'protection Visa' 'judicial Review' 'jurisdictional Error' 'legal Unreasonableness' 'illogicality or Irrationality' 'leave to Raise New Ground on Appeal']
['migration' 'administrative Law'] ['safe Haven Enterprise Visa' 'protection Visa' 'judicial Review' 'jurisdictional Error' 'legal Unreasonableness' 'illogicality or Irrationality' 'leave to Raise New Ground on Appeal']

Case Brief

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Procedural Posture

Migration Appeal From Federal Circuit Court Dismissal of Application for Judicial Review of Immigration Assessment Authority Decision / Appeal; Application for Leave to Raise a New Ground of Appeal

Legal Issues

  1. 1 ['Whether the appellant should be given leave to raise a new ground of appeal not raised before the Federal Circuit Court.' "Whether the Immigration Assessment Authority's finding that politically motivated violence was greatly reduced in recent elections was unsupported by probative evidence and legally unreasonable, illogical or irrational." "Whether the Federal Circuit Court erred in finding that the Immigration Assessment Authority's decision was not affected by jurisdictional error."]

Ratio Decidendi

Leave to raise the new ground was refused because the argument was not raised before the primary judge, no explanation was provided for that failure, and in any event it lacked merit: the Immigration Assessment Authority had regard to the DFAT Report, which contained information about the most recent elections at the time of its decision, so its finding that politically motivated violence was greatly reduced in recent elections was supported by probative evidence and was not legally unreasonable, illogical or irrational.

Court Disposition

Leave to rely on the new ground of appeal refused; appeal dismissed with costs awarded to the first respondent.

Orders

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