CGA15 v Minister for Home Affairs [2019] FCAFC 46

CGA15 v Minister for Home Affairs [2019] FCAFC 46

The Tribunal erred in law by engaging in statistical analysis of risk to appellant in Islamabad/Rawalpindi based on the national Shia population rather than the relevant urban population, materially affecting its conclusion about whether there was a real chance of serious harm; this constituted jurisdictional error and required quashing the Tribunal's decision and a re-determination of the application.

Jurisdiction
Australia
Judgment Date
15 March 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
['protection Visa' 'refugee Status' 'judicial Review' 'jurisdictional Error' 'real Chance Test' 'statistical Analysis of Risk' 'relocation Assessment']
['migration' 'administrative Law' 'constitutional Law' 'human Rights'] ['protection Visa' 'refugee Status' 'judicial Review' 'jurisdictional Error' 'real Chance Test' 'statistical Analysis of Risk' 'relocation Assessment']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the Tribunal applied the correct approach to the 'real chance' test in assessing risk of harm upon relocation." 'Whether the Tribunal engaged in a flawed statistical analysis regarding risk to the appellant in Islamabad and Rawalpindi.' 'Whether leave should be granted to raise a new ground of appeal.']

Ratio Decidendi

The Tribunal erred in law by engaging in statistical analysis of risk to appellant in Islamabad/Rawalpindi based on the national Shia population rather than the relevant urban population, materially affecting its conclusion about whether there was a real chance of serious harm; this constituted jurisdictional error and required quashing the Tribunal's decision and a re-determination of the application.

Court Disposition

Appeal allowed

Orders

  • ['Leave granted to file amended notice of appeal.' 'Appeal allowed.' 'Orders of Federal Circuit Court dated 7 June 2018 set aside.' 'Order in the nature of certiorari to quash the Tribunal decision dated 28 September 2015.' "Order in the nature of mandamus requiring the Tribunal to re-determine according to law the...