CEM15 v Minister for Immigration and Border Protection [2019] FCA 1736

CEM15 v Minister for Immigration and Border Protection [2019] FCA 1736

The Tribunal did consider and address the substance of the appellant's September 2015 submissions and his claim that Mr X remained a source of feared harm after the 2015 elections. The Tribunal also gave intelligible reasons for rejecting the appellant's post-2011 election claims, including findings about implausibility, inconsistencies, country information and absence of ongoing adverse interest. No jurisdictional error, illogicality, irrationality or legal unreasonableness was established, so the Federal Circuit Court was not shown to have erred in dismissing the judicial review application.

Jurisdiction
Australia
Judgment Date
23 October 2019
Procedural Posture
Migration Appeal From Federal Circuit Court Dismissal of Judicial Review Application / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'judicial Review' 'jurisdictional Error' 'failure to Consider Claims' 'illogicality, Irrationality or Legal Unreasonableness' 'complementary Protection']
['migration' 'administrative Law'] ['protection Visa' 'judicial Review' 'jurisdictional Error' 'failure to Consider Claims' 'illogicality, Irrationality or Legal Unreasonableness' 'complementary Protection']

Case Brief

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Procedural Posture

Migration Appeal From Federal Circuit Court Dismissal of Judicial Review Application / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the Administrative Appeals Tribunal failed to consider the appellant's written submissions dated 18 September 2015 about fear of harm from a Sri Lankan political figure despite the 2015 election outcome." "Whether the Tribunal's response to the appellant's claims about events following the 2011 elections was illogical, irrational, legally unreasonable or otherwise affected by jurisdictional error."]

Ratio Decidendi

The Tribunal did consider and address the substance of the appellant's September 2015 submissions and his claim that Mr X remained a source of feared harm after the 2015 elections. The Tribunal also gave intelligible reasons for rejecting the appellant's post-2011 election claims, including findings about implausibility, inconsistencies, country information and absence of ongoing adverse interest. No jurisdictional error, illogicality, irrationality or legal unreasonableness was established, so the Federal Circuit Court was not shown to have erred in dismissing the judicial review application.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs, as agreed or assessed."]