CPP15 v Minister for Immigration and Border Protection [2018] FCA 324

CPP15 v Minister for Immigration and Border Protection [2018] FCA 324

There was no jurisdictional error. Because the appellant supplied the newspaper article to the Tribunal, s 424A(3)(b) applied and the Tribunal was not obliged to put it to him. The Tribunal also was not obliged to disclose its concerns or reasoning based on inconsistencies in the evidence. The cumulative assessment ground failed because the Tribunal expressly considered the appellant's claims both individually and cumulatively under ss 36(2)(a) and 36(2)(aa).

Jurisdiction
Australia
Judgment Date
14 March 2018
Procedural Posture
Migration Appeal From Federal Circuit Court Dismissal of Judicial Review Application Concerning Refusal of Protection (class Xa) Visa / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed with costs as agreed or assessed.
Legal Topics
['protection Visa' 'jurisdictional Error' 'migration Act 1958 (cth) S 424 A' 'cumulative Assessment of Protection Claims' 'complementary Protection' 'procedural Fairness']
['migration' 'administrative Law' 'judicial Review'] ['protection Visa' 'jurisdictional Error' 'migration Act 1958 (cth) S 424 A' 'cumulative Assessment of Protection Claims' 'complementary Protection' 'procedural Fairness']

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Procedural Posture

Migration Appeal From Federal Circuit Court Dismissal of Judicial Review Application Concerning Refusal of Protection (class Xa) Visa / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth) by not putting a newspaper article or inconsistencies in that article to the appellant for comment.' "Whether the Tribunal failed to assess the appellant's protection claims cumulatively under s 36(2)(a) and s 36(2)(aa) of the Migration Act 1958 (Cth)."]

Ratio Decidendi

There was no jurisdictional error. Because the appellant supplied the newspaper article to the Tribunal, s 424A(3)(b) applied and the Tribunal was not obliged to put it to him. The Tribunal also was not obliged to disclose its concerns or reasoning based on inconsistencies in the evidence. The cumulative assessment ground failed because the Tribunal expressly considered the appellant's claims both individually and cumulatively under ss 36(2)(a) and 36(2)(aa).

Court Disposition

Appeal dismissed with costs as agreed or assessed.

Orders

  • ['The appeal is dismissed.' 'The appellant pay the costs of the first respondent as agreed or assessed.']