BQL15 v Minister for Immigration and Border Protection [2018] FCAFC 104

BQL15 v Minister for Immigration and Border Protection [2018] FCAFC 104

The appeal failed because, on a fair reading of the Tribunal's reasons, the Tribunal had implicitly taken the PAM3 Guidelines into account and therefore complied with Direction No 56. The references to the Direction and Guidelines, the use of language similar to the Guidelines concerning cramped, uncomfortable and unsanitary conditions, and the citation of the newspaper article relied on by the Appellant supported that conclusion. The s 424A ground also failed because the information about other Sri Lankan returnees was found to be irrelevant to the Appellant's circumstances and was not relied upon as a reason, or part of a reason, for affirming the decision under review.

Jurisdiction
Australia
Judgment Date
03 July 2018
Procedural Posture
Migration Appeal Concerning Refusal of a Protection Visa / Appeal From the Federal Circuit Court Dismissing an Application for Review of an Administrative Appeals Tribunal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'ministerial Direction No 56' 's 499 Migration Act Directions' 'complementary Protection' 's 424 a Invitation to Comment' 'jurisdictional Error' 'sri Lankan Returnees' 'prison Conditions']
['migration' 'administrative Law'] ['protection Visa' 'ministerial Direction No 56' 's 499 Migration Act Directions' 'complementary Protection' 's 424 a Invitation to Comment' 'jurisdictional Error' 'sri Lankan Returnees' 'prison Conditions']

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Procedural Posture

Migration Appeal Concerning Refusal of a Protection Visa / Appeal From the Federal Circuit Court Dismissing an Application for Review of an Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 ['Whether the Administrative Appeals Tribunal failed to comply with Direction No 56 made under s 499 of the Migration Act 1958 (Cth) by not taking account of relevant guidelines concerning poor prison conditions and cruel, inhuman or degrading treatment or punishment.' "If there was non-compliance with the Ministerial direction, whether that failure vitiated the Tribunal's decision by jurisdictional error." 'Whether the Tribunal was obliged under s 424A of the Migration Act 1958 (Cth) to invite the Appellant to comment on information concerning the treatment of certain returnees to Sri Lanka.']

Ratio Decidendi

The appeal failed because, on a fair reading of the Tribunal's reasons, the Tribunal had implicitly taken the PAM3 Guidelines into account and therefore complied with Direction No 56. The references to the Direction and Guidelines, the use of language similar to the Guidelines concerning cramped, uncomfortable and unsanitary conditions, and the citation of the newspaper article relied on by the Appellant supported that conclusion. The s 424A ground also failed because the information about other Sri Lankan returnees was found to be irrelevant to the Appellant's circumstances and was not relied upon as a reason, or part of a reason, for affirming the decision under review.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed.' "The Appellant is to pay the First Respondent's costs of the appeal."]