BLX16 v Minister for Immigration and Border Protection [2019] FCAFC 176

BLX16 v Minister for Immigration and Border Protection [2019] FCAFC 176

The Full Court held that the Assessor did consider the appellant's personal circumstances relevant to possible imputation of LTTE links on return to Sri Lanka; it was not necessary for the Assessor to expressly consider a claim not clearly articulated. Further, although the UK Home Office Bulletin was not put to the appellant, the relevant country information was not adverse to him, and in any event, there was no practical injustice in not having put it to him. Therefore, procedural fairness was not denied and both grounds of appeal failed.

Parties
Appellant: BLX16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Paul Johnson (in his capacity as an International Treaties Obligations Assessor)
Jurisdiction
Australia
Judgment Date
17 October 2019
Procedural Posture
Migration Appeal / Appeal From Federal Circuit Court to Full Federal Court
Outcome
Appeal dismissed; costs to Minister
Legal Topics
Procedural Fairness, Non Refoulement, Complementary Protection, Judicial Review, Country Information in Migration Assessments
Migration Law Administrative Law Human Rights Procedural Fairness Non Refoulement Complementary Protection Judicial Review Country Information in Migration Assessments

Case Brief

Summary, issues, holding and outcome

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Parties

BLX16

Appellant

Minister for Immigration and Border Protection

First Respondent

Paul Johnson (in his capacity as an International Treaties Obligations Assessor)

Second Respondent

Procedural Posture

Migration Appeal / Appeal From Federal Circuit Court to Full Federal Court

Legal Issues

  1. 1 Whether procedural fairness was denied by the Assessor failing to consider certain claims regarding imputed links to LTTE due to failed asylum seeker status
  2. 2 Whether procedural fairness was denied by failure to put certain country information to the appellant

Ratio Decidendi

The Full Court held that the Assessor did consider the appellant's personal circumstances relevant to possible imputation of LTTE links on return to Sri Lanka; it was not necessary for the Assessor to expressly consider a claim not clearly articulated. Further, although the UK Home Office Bulletin was not put to the appellant, the relevant country information was not adverse to him, and in any event, there was no practical injustice in not having put it to him. Therefore, procedural fairness was not denied and both grounds of appeal failed.

Court Disposition

Appeal dismissed; costs to Minister

Orders

  • The appellant have leave to rely on grounds 1 and 2 in the amended notice of appeal.
  • The appeal be dismissed.