BJN15 v Minister for Immigration and Border Protection [2018] FCA 679

BJN15 v Minister for Immigration and Border Protection [2018] FCA 679

The proposed new grounds had no prospects of success because the Tribunal considered the brief remand issue under both the refugee criterion and complementary protection criterion, considered the appellant's claims separately and in combination, and did not breach s 424A. The primary judge made no appealable error in concluding that s 425 was not breached because the Tribunal put the appellant on notice of the bail and surety issue by putting relevant country information to him. The appeal was therefore dismissed.

Jurisdiction
Australia
Judgment Date
16 May 2018
Procedural Posture
Migration Appeal From Federal Circuit Court Dismissal of Judicial Review of Refugee Review Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Appeal in the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'jurisdictional Error' 'refugee Criterion' 'complementary Protection' 'procedural Fairness' 'migration Act 1958 (cth) Ss 424 a, 424 AA and 425' 'country Information' 'failed Asylum Seeker' 'sri Lanka']
['migration' 'administrative Law' 'judicial Review' 'refugee Law'] ['protection Visa' 'jurisdictional Error' 'refugee Criterion' 'complementary Protection' 'procedural Fairness' 'migration Act 1958 (cth) Ss 424 A, 424 AA and 425' 'country Information' 'failed Asylum Seeker' 'sri Lanka']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ['Whether the appellant should be granted leave to raise new grounds of appeal not raised in the Federal Circuit Court.' 'Whether the Tribunal failed to assess whether a brief period of detention on return to Sri Lanka would result in persecution under s 36(2)(a) of the Migration Act 1958 (Cth).' "Whether the Tribunal failed to assess the appellant's claims cumulatively." 'Whether the Tribunal breached s 424A of the Migration Act 1958 (Cth) by failing to give particulars to the appellant.' 'Whether the Tribunal breached s 425 of the Migration Act 1958 (Cth) by failing to put to the appellant the issue of bail and family members providing surety.']

Ratio Decidendi

The proposed new grounds had no prospects of success because the Tribunal considered the brief remand issue under both the refugee criterion and complementary protection criterion, considered the appellant's claims separately and in combination, and did not breach s 424A. The primary judge made no appealable error in concluding that s 425 was not breached because the Tribunal put the appellant on notice of the bail and surety issue by putting relevant country information to him. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' 'The appellant to pay the costs of the first respondent, to be assessed if not agreed.']