BWB15 v Minister for Immigration and Border Protection [2017] FCA 1073

BWB15 v Minister for Immigration and Border Protection [2017] FCA 1073

The appellant did not advance before the Tribunal a case that relocation to large cities in Pakistan was unreasonable because he feared harm from generalised sectarian violence, and such a case did not arise tolerably clearly from the materials. His claim and evidence were directed to fear of being targeted by the Taliban. Because the asserted submission of substance was not before the Tribunal, the Tribunal did not commit jurisdictional error by failing to deal with it, and the appeal had to be dismissed.

Jurisdiction
Australia
Judgment Date
11 September 2017
Procedural Posture
Migration Appeal From Federal Circuit Court Judicial Review Decision Concerning Refusal of a Protection (class Xa) Visa / Appeal to the Federal Court; Application for Leave to Amend Notice of Appeal
Outcome
Leave to amend the notice of appeal was granted; the appeal was dismissed.
Legal Topics
['protection Visa' 'jurisdictional Error' 'reasonableness of Relocation' 'failure to Consider a Submission of Substance' 'new Ground on Appeal' 'generalised Sectarian Violence']
['migration Law' 'administrative Law' 'judicial Review'] ['protection Visa' 'jurisdictional Error' 'reasonableness of Relocation' 'failure to Consider a Submission of Substance' 'new Ground on Appeal' 'generalised Sectarian Violence']

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Procedural Posture

Migration Appeal From Federal Circuit Court Judicial Review Decision Concerning Refusal of a Protection (class Xa) Visa / Appeal to the Federal Court; Application for Leave to Amend Notice of Appeal

Legal Issues

  1. 1 ['Whether leave should be granted to amend the notice of appeal to raise a ground not advanced before the Federal Circuit Court.' 'Whether the Tribunal erred by failing to consider a submission of substance that relocation to large cities in Pakistan was unreasonable because of generalised sectarian violence.' 'Whether that submission was made to the Tribunal or arose clearly on the material before it.' 'Whether the Tribunal applied the wrong test in assessing the reasonableness of relocation.']

Ratio Decidendi

The appellant did not advance before the Tribunal a case that relocation to large cities in Pakistan was unreasonable because he feared harm from generalised sectarian violence, and such a case did not arise tolerably clearly from the materials. His claim and evidence were directed to fear of being targeted by the Taliban. Because the asserted submission of substance was not before the Tribunal, the Tribunal did not commit jurisdictional error by failing to deal with it, and the appeal had to be dismissed.

Court Disposition

Leave to amend the notice of appeal was granted; the appeal was dismissed.

Orders

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