CBV17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1566

CBV17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1566

The grounds of appeal do not establish that the Immigration Assessment Authority failed to consider an integer of the Appellant's claim or failed to assess reasonably foreseeable future harm, and no jurisdictional error was established; accordingly, the appeal is dismissed.

Parties
Appellant: CBV17; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
22 December 2022
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Protection Visa, Jurisdictional Error, Leave to Raise New Grounds
Administrative Law Migration Law Human Rights Judicial Review Protection Visa Jurisdictional Error Leave to Raise New Grounds

Case Brief

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Parties

CBV17

Appellant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Immigration Assessment Authority failed to consider an integer of the Appellant's claim regarding risk of harm from M's husband
  2. 2 Whether the IAA failed to assess the chance of harm into the reasonably foreseeable future by not considering if the return of the Appellant would prompt M's family to report the adultery to the authorities

Ratio Decidendi

The grounds of appeal do not establish that the Immigration Assessment Authority failed to consider an integer of the Appellant's claim or failed to assess reasonably foreseeable future harm, and no jurisdictional error was established; accordingly, the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Leave granted for the Appellant to raise grounds set out in the notice of appeal dated 11 April 2022.
  • Appeal dismissed.