CKZ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 47

CKZ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 47

The appeal was dismissed because the Tribunal's reasons, read fairly and not with an eye keenly attuned to error, showed that it took into account its finding of generalised violence in Iraq when exercising the discretion under s 109(1) of the Migration Act 1958 (Cth). The Court was not persuaded that the Tribunal failed to consider the risk posed to the appellant by generalised violence or applied the wrong legal test, and no jurisdictional error was demonstrated.

Jurisdiction
Australia
Judgment Date
03 February 2021
Procedural Posture
Appeal From a Federal Circuit Court Decision Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Cancellation of a Subclass 866 Protection Visa / Appeal
Outcome
Appeal dismissed with the appellant ordered to pay the first respondent's costs of the appeal.
Legal Topics
['cancellation of Protection Visa' 'incorrect Answers in Visa Application' 'section 109 Discretion' 'jurisdictional Error' 'generalised Violence in Iraq' 'serious Harm and Significant Harm']
['migration' 'administrative Law' 'judicial Review'] ['cancellation of Protection Visa' 'incorrect Answers in Visa Application' 'section 109 Discretion' 'jurisdictional Error' 'generalised Violence in Iraq' 'serious Harm and Significant Harm']

Case Brief

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Procedural Posture

Appeal From a Federal Circuit Court Decision Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Cancellation of a Subclass 866 Protection Visa / Appeal

Legal Issues

  1. 1 ["Whether the Administrative Appeals Tribunal failed to take into account the risk of harm from generalised violence in Iraq when exercising the discretion to cancel the appellant's protection visa under s 109(1) of the Migration Act 1958 (Cth)." 'Whether the Tribunal applied the wrong legal test by considering only serious harm or significant harm under protection visa criteria rather than broader harm arising from generalised violence.' "Whether the Federal Circuit Court erred in failing to find jurisdictional error in the Tribunal's decision."]

Ratio Decidendi

The appeal was dismissed because the Tribunal's reasons, read fairly and not with an eye keenly attuned to error, showed that it took into account its finding of generalised violence in Iraq when exercising the discretion under s 109(1) of the Migration Act 1958 (Cth). The Court was not persuaded that the Tribunal failed to consider the risk posed to the appellant by generalised violence or applied the wrong legal test, and no jurisdictional error was demonstrated.

Court Disposition

Appeal dismissed with the appellant ordered to pay the first respondent's costs of the appeal.

Orders

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