CIS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 549

CIS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 549

The appeal failed because the Authority did not find the specific information identified by the appellant to be new information; it found that certain publicly available sources, including the whole UK Upper Tribunal decision, were new sources of country information. The specific information was contained in the appellant's February 2017 submissions and in the 2016 UK Home Office Report, both of which the Authority had regard to. It could not reasonably be inferred from the Authority's failure to mention that particular sentence that it failed to consider it, especially where the Authority considered the relevant part of the 2016 UK Home Office Report and assessed risk by reference to...

Jurisdiction
Australia
Judgment Date
13 May 2022
Procedural Posture
Migration Appeal From the Federal Circuit Court Concerning Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Safe Haven Enterprise Visa / Appeal to the Federal Court of Australia From CIS17 V Minister for Immigration & Anor [2020] FCCA 809
Outcome
Appeal dismissed with costs.
Legal Topics
['safe Haven Enterprise Visa' 'fast Track Review' 'new Information Before the Immigration Assessment Authority' 'judicial Review' 'sri Lankan Tamil Protection Claims' 'materiality']
['migration Law' 'administrative Law'] ['safe Haven Enterprise Visa' 'fast Track Review' 'new Information Before the Immigration Assessment Authority' 'judicial Review' 'sri Lankan Tamil Protection Claims' 'materiality']

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Procedural Posture

Migration Appeal From the Federal Circuit Court Concerning Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Safe Haven Enterprise Visa / Appeal to the Federal Court of Australia From CIS17 V Minister for Immigration & Anor [2020] FCCA 809

Legal Issues

  1. 1 ['Whether the Immigration Assessment Authority incorrectly concluded that the information that if a person is detained by the Sri Lankan security services there remains a real risk of ill-treatment or harm requiring international protection was new information.' "Whether the Immigration Assessment Authority failed to consider that information when assessing the appellant's claim that he faced a real risk of significant harm on return to Sri Lanka." 'Whether any alleged error was material.']

Ratio Decidendi

The appeal failed because the Authority did not find the specific information identified by the appellant to be new information; it found that certain publicly available sources, including the whole UK Upper Tribunal decision, were new sources of country information. The specific information was contained in the appellant's February 2017 submissions and in the 2016 UK Home Office Report, both of which the Authority had regard to. It could not reasonably be inferred from the Authority's failure to mention that particular sentence that it failed to consider it, especially where the Authority considered the relevant part of the 2016 UK Home Office Report and assessed risk by reference to...

Court Disposition

Appeal dismissed with costs.

Orders

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