BRU15 v Minister for Immigration and Border Protection [2018] FCA 453

BRU15 v Minister for Immigration and Border Protection [2018] FCA 453

The Tribunal correctly assessed the corroborative value of the HRC letter after making findings on the applicant's credibility, particularly where the provenance of the letter was unproven. The ground of appeal was without merit and leave to amend should be refused; accordingly, the appeal must be dismissed.

Parties
Appellant: BRU15; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
12 April 2018
Procedural Posture
Appeal / Judgment on Appeal and Application to Amend Notice of Appeal
Outcome
Leave to amend notice of appeal refused; appeal dismissed; costs ordered against the appellant.
Legal Topics
Procedural Fairness, Credibility Assessment, Corroborative Evidence, Leave to Amend Notice of Appeal
Administrative Law Migration Law Procedural Fairness Credibility Assessment Corroborative Evidence Leave to Amend Notice of Appeal

Case Brief

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Parties

BRU15

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal and Application to Amend Notice of Appeal

Legal Issues

  1. 1 Whether to grant leave to amend notice of appeal to raise new ground
  2. 2 Whether the proposed amended ground had any merit or would be futile
  3. 3 Proper approach to Tribunal's assessment of corroborative evidence where provenance is unestablished

Ratio Decidendi

The Tribunal correctly assessed the corroborative value of the HRC letter after making findings on the applicant's credibility, particularly where the provenance of the letter was unproven. The ground of appeal was without merit and leave to amend should be refused; accordingly, the appeal must be dismissed.

Court Disposition

Leave to amend notice of appeal refused; appeal dismissed; costs ordered against the appellant.

Orders

  • Leave to amend the notice of appeal in accordance with the amended notice of appeal filed 26 February 2018 be refused.
  • The appeal be dismissed.