BHG15 v Minister for Immigration and Border Protection [2018] FCA 761

BHG15 v Minister for Immigration and Border Protection [2018] FCA 761

The appellant did not show error in the Federal Circuit Court's dismissal of his judicial review application: the Tribunal was plainly applying the s 36(2)(aa) complementary protection criterion, its adverse credit findings were reasonably open, the complaints sought merits review or were unsupported, and no denial of procedural fairness was shown. However, because an issue concerning a purported s 438 certificate remained dependent on pending High Court appeals, the matter was stood over rather than finally dismissed.

Jurisdiction
Australia
Judgment Date
25 May 2018
Procedural Posture
Migration Appeal From the Federal Circuit Court of Australia Concerning Judicial Review of a Protection (class Xa) Visa Decision / Appeal Stood Over Pending Determination of High Court Appeals Concerning S 438 Certificates
Outcome
Matter stood over to a date to be fixed after the determination of CQZ15 v Minister for Immigration and Border Protection (M2/2018) and BEG15 v Minister for Immigration and Border Protection (S6/2018).
Legal Topics
['protection Visa' 'complementary Protection' 'jurisdictional Error' 'legal Unreasonableness' 'procedural Fairness' 'section 438 Non Disclosure Certificate']
['migration Law' 'administrative Law'] ['protection Visa' 'complementary Protection' 'jurisdictional Error' 'legal Unreasonableness' 'procedural Fairness' 'section 438 Non Disclosure Certificate']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Circuit Court of Australia Concerning Judicial Review of a Protection (class Xa) Visa Decision / Appeal Stood Over Pending Determination of High Court Appeals Concerning S 438 Certificates

Legal Issues

  1. 1 ['Whether the Federal Circuit Court judge erred by failing to find that the Tribunal applied the wrong test for complementary protection under s 36(2)(aa) of the Migration Act 1958 (Cth).' "Whether the Federal Circuit Court judge erred by failing to find that the Tribunal's decision was legally unreasonable, including in its adverse credit findings." 'Whether any issue arising from a purported s 438 certificate should affect disposition of the appeal pending High Court appeals.']

Ratio Decidendi

The appellant did not show error in the Federal Circuit Court's dismissal of his judicial review application: the Tribunal was plainly applying the s 36(2)(aa) complementary protection criterion, its adverse credit findings were reasonably open, the complaints sought merits review or were unsupported, and no denial of procedural fairness was shown. However, because an issue concerning a purported s 438 certificate remained dependent on pending High Court appeals, the matter was stood over rather than finally dismissed.

Court Disposition

Matter stood over to a date to be fixed after the determination of CQZ15 v Minister for Immigration and Border Protection (M2/2018) and BEG15 v Minister for Immigration and Border Protection (S6/2018).

Orders

  • ['This matter be stood over to a date to be fixed after the determination of CQZ15 v Minister for Immigration and Border Protection (M2/2018) and BEG15 v Minister for Immigration and Border Protection (S6/2018).']