COE17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 669

COE17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 669

Leave to rely upon new grounds of appeal was refused because the asserted claims did not arise sufficiently or clearly from the material before the Authority and there was no sound foundation for them; further, the Authority accepted most of the appellant’s factual assertions but found his circumstances did not give rise to a well-founded fear of persecution or risk of serious harm, thus jurisdictional error was not established.

Jurisdiction
Australia
Judgment Date
20 June 2023
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['safe Haven Enterprise Visa' 'judicial Review' 'risk of Harm Assessment' 'refugee Definition' 'jurisdictional Error']
['migration Law' 'administrative Law'] ['safe Haven Enterprise Visa' 'judicial Review' 'risk of Harm Assessment' 'refugee Definition' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Immigration Assessment Authority failed to have proper regard to the risk of harm to the appellant' 'Whether the Authority failed to properly assess if the appellant faced a real chance of serious harm' "Whether there was jurisdictional error in failing to consider the likelihood of the appellant's family's return to Basra"]

Ratio Decidendi

Leave to rely upon new grounds of appeal was refused because the asserted claims did not arise sufficiently or clearly from the material before the Authority and there was no sound foundation for them; further, the Authority accepted most of the appellant’s factual assertions but found his circumstances did not give rise to a well-founded fear of persecution or risk of serious harm, thus jurisdictional error was not established.

Court Disposition

Appeal dismissed

Orders

  • ['Leave to rely upon the grounds in the amended notice of appeal refused' 'The appeal dismissed' "The appellant to pay the first respondent's costs as assessed or agreed"]