CRB18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1180

CRB18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1180

The appeals failed because the Tribunal was entitled to characterise the appellants' later Hui Scheme narratives as new claims for the purposes of s 423A; its failure to obtain material from the other appellant's Tribunal file under s 424 was not legally unreasonable in the circumstances; and the Tribunal complied with s 424A by giving clear particulars of the limited information on which it considered it might rely, namely that identical answers appeared in other current Vietnamese protection visa matters and that the appellants had declared they received no assistance completing their forms.

Jurisdiction
Australia
Judgment Date
05 October 2023
Procedural Posture
Migration Appeal From Federal Circuit Court Judicial Review Decisions Concerning Protection Visa Refusals / Appeal in the Federal Court of Australia; Leave Granted to Rely on New Arguments Raised on Appeal
Outcome
Appeals dismissed.
Legal Topics
['protection Visa' 'jurisdictional Error' 'new Claims or Evidence Under S 423 a of the Migration Act 1958 (cth)' 'tribunal Power to Get Information Under S 424 of the Migration Act 1958 (cth)' 'procedural Fairness and S 424 a Particulars' 'legal Unreasonableness' 'adverse Credibility Findings']
['migration Law' 'administrative Law'] ['protection Visa' 'jurisdictional Error' 'new Claims or Evidence Under S 423 a of the Migration Act 1958 (cth)' 'tribunal Power to Get Information Under S 424 of the Migration Act 1958 (cth)' 'procedural Fairness and S 424 a Particulars' 'legal Unreasonableness' 'adverse Credibility Findings']

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Procedural Posture

Migration Appeal From Federal Circuit Court Judicial Review Decisions Concerning Protection Visa Refusals / Appeal in the Federal Court of Australia; Leave Granted to Rely on New Arguments Raised on Appeal

Legal Issues

  1. 1 ["Whether the Tribunal erred by characterising the appellants' Hui Scheme narratives as new claims and applying s 423A of the Migration Act 1958 (Cth)." "Whether the Tribunal's failure to get information from the other appellant's Tribunal file under s 424 of the Migration Act 1958 (Cth) was legally unreasonable." 'Whether the Tribunal failed to give clear particulars of information under s 424A of the Migration Act 1958 (Cth) concerning identical wording in other Vietnamese protection visa applications.']

Ratio Decidendi

The appeals failed because the Tribunal was entitled to characterise the appellants' later Hui Scheme narratives as new claims for the purposes of s 423A; its failure to obtain material from the other appellant's Tribunal file under s 424 was not legally unreasonable in the circumstances; and the Tribunal complied with s 424A by giving clear particulars of the limited information on which it considered it might rely, namely that identical answers appeared in other current Vietnamese protection visa matters and that the appellants had declared they received no assistance completing their forms.

Court Disposition

Appeals dismissed.

Orders

  • ['The appeal is dismissed.']