CKR16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1612

CKR16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1612

The appeal failed because the primary judge was correct to find that the AAT had considered the appellant's material claims, including past detention, roundups, searches, harassment of his brother, favours requested by Sri Lankan authorities, involvement with the Karuna Group or political entities, illegal departure and asylum seeking. The AAT also adequately addressed the appellant's hearing loss, anxiety and depression. Its adverse credibility findings were open on the evidence and did not demonstrate extreme illogicality, irrationality or legal unreasonableness. Leave to rely on further transcript evidence was refused because the evidence was not before the Federal Circuit Court, no...

Jurisdiction
Australia
Judgment Date
06 November 2020
Procedural Posture
Migration Appeal From Dismissal of Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection Visa / Appeal to the Federal Court of Australia From the Federal Circuit Court
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa Refusal' 'well Founded Fear of Persecution' 'complementary Protection' 'jurisdictional Error' 'failure to Consider Claims or Integers of Claims' 'legal Unreasonableness' 'further Evidence on Appeal']
['migration Law' 'administrative Law' 'practice and Procedure' 'judicial Review'] ['protection Visa Refusal' 'well Founded Fear of Persecution' 'complementary Protection' 'jurisdictional Error' 'failure to Consider Claims or Integers of Claims' 'legal Unreasonableness' 'further Evidence on Appeal']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection Visa / Appeal to the Federal Court of Australia From the Federal Circuit Court

Legal Issues

  1. 1 ["Whether the Federal Circuit Court erred in failing to find that the Administrative Appeals Tribunal failed to consider claims or integers of the appellant's claims." "Whether the Federal Circuit Court erred in failing to find that the Administrative Appeals Tribunal misunderstood or failed to consider the appellant's hearing loss, anxiety and depression in determining well-founded fear and complementary protection risk." "Whether the Administrative Appeals Tribunal's decision was legally unreasonable because of adverse credit findings concerning which entity the appellant was pressed to join and the Tribunal's treatment of photographs." 'Whether leave should be granted to rely on transcripts of the protection visa interview and tribunal hearings that were not in evidence before the Federal Circuit Court.']

Ratio Decidendi

The appeal failed because the primary judge was correct to find that the AAT had considered the appellant's material claims, including past detention, roundups, searches, harassment of his brother, favours requested by Sri Lankan authorities, involvement with the Karuna Group or political entities, illegal departure and asylum seeking. The AAT also adequately addressed the appellant's hearing loss, anxiety and depression. Its adverse credibility findings were open on the evidence and did not demonstrate extreme illogicality, irrationality or legal unreasonableness. Leave to rely on further transcript evidence was refused because the evidence was not before the Federal Circuit Court, no...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of and incidental to the appeal."]