CHH16 v Minister for Immigration and Border Protection [2019] FCA 1278

CHH16 v Minister for Immigration and Border Protection [2019] FCA 1278

The appeal failed because none of the grounds demonstrated error by the Federal Circuit Court Judge or jurisdictional error by the Tribunal. The Tribunal had given the appellant opportunities to attend hearings, present evidence and provide further material, no witness details or additional material were provided, and the complaints were either unsupported, lacked particularity or challenged the merits. Although the s 438 certificate was invalid, it related only to confirmation of biographical information and there was no realistic possibility that notification of it could have produced a different outcome.

Jurisdiction
Australia
Judgment Date
12 August 2019
Procedural Posture
Migration Appeal From the Federal Circuit Court of Australia's Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Appeal to the Federal Court of Australia Dismissed
Outcome
Appeal dismissed with costs.
Legal Topics
['protection (class Xa) Visa' 'complementary Protection' 'procedural Fairness' 'jurisdictional Error' 'invalid S 438 Certificate' 'tribunal Credibility Findings']
['migration Law' 'administrative Law' 'judicial Review'] ['protection (class Xa) Visa' 'complementary Protection' 'procedural Fairness' 'jurisdictional Error' 'invalid S 438 Certificate' 'tribunal Credibility Findings']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Circuit Court of Australia's Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Appeal to the Federal Court of Australia Dismissed

Legal Issues

  1. 1 ['Whether the Federal Circuit Court Judge erred in not finding jurisdictional error by the Tribunal in relation to alleged denial of an opportunity to submit further testimony or evidence.' 'Whether the Federal Circuit Court Judge erred in relation to alleged failure by the Tribunal to consider witnesses or witness evidence.' "Whether the Tribunal failed to afford procedural fairness or failed properly to consider the appellant's protection claims." 'Whether an invalid certificate purportedly issued under s 438 of the Migration Act 1958 (Cth) gave rise to jurisdictional error.']

Ratio Decidendi

The appeal failed because none of the grounds demonstrated error by the Federal Circuit Court Judge or jurisdictional error by the Tribunal. The Tribunal had given the appellant opportunities to attend hearings, present evidence and provide further material, no witness details or additional material were provided, and the complaints were either unsupported, lacked particularity or challenged the merits. Although the s 438 certificate was invalid, it related only to confirmation of biographical information and there was no realistic possibility that notification of it could have produced a different outcome.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed.' "The appellant must pay the first respondent's costs as agreed or taxed."]