BUX17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1510

BUX17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1510

The Tribunal's and primary judge's findings regarding country information were open on the evidence and not legally unreasonable or irrational. No jurisdictional error was demonstrated. The appellant failed to show that the additional evidence would have altered the outcome or that there was any error at first instance. No basis for admission of fresh evidence was established. The appeal must be dismissed.

Jurisdiction
Australia
Judgment Date
05 December 2023
Procedural Posture
Migration Appeal / Appeal From Federal Circuit Court; Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['appeal – Judicial Review – Jurisdictional Error' 'country Information – Irrationality – Legal Unreasonableness' 'fresh Evidence on Appeal']
['administrative Law' 'migration Law'] ['appeal – Judicial Review – Jurisdictional Error' 'country Information – Irrationality – Legal Unreasonableness' 'fresh Evidence on Appeal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Migration Appeal / Appeal From Federal Circuit Court; Judgment

Legal Issues

  1. 1 ["Whether the primary judge's conclusions regarding country information were irrational and not reasonably formed on the evidence" 'Whether the primary judge failed to have regard to material before him' 'Whether fresh evidence should be admitted on appeal']

Ratio Decidendi

The Tribunal's and primary judge's findings regarding country information were open on the evidence and not legally unreasonable or irrational. No jurisdictional error was demonstrated. The appellant failed to show that the additional evidence would have altered the outcome or that there was any error at first instance. No basis for admission of fresh evidence was established. The appeal must be dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • ["The name of the first respondent be changed to 'Minister for Immigration, Citizenship and Multicultural Affairs'." 'The appeal be dismissed.' "The appellant pay the first respondent's costs as agreed or taxed under r 40.12 of the Federal Court Rules 2011 (Cth)."]