CSI15 v Minister for Immigration and Border Protection [2018] FCA 350

Appeal dismissed because appellant failed to establish the Tribunal erred in finding intention element for 'significant harm' was not satisfied and did not breach obligations under s 424A and s 424AA; FCC correctly applied relevant legal principles.

Parties: Appellant: CSI15; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction: Australia
Judgment Date: 27 February 2018
Procedural Posture: Appeal / Judgment on Appeal From Federal Circuit Court
Outcome: Appeal dismissed
Legal Topics: Protection Visa Refusal, Judicial Review, Significant Harm, Complementary Protection, Tribunal Obligations

Migration Law Protection Visa Refusal Judicial Review Significant Harm Complementary Protection Tribunal Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

CSI15

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court

Legal Issues

1 Whether element of intention in 'significant harm' was satisfied under Migration Act
2 Whether Tribunal complied with obligations under s 424A and s 424AA of Migration Act

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

The appeal be dismissed.
The appellant to pay the first respondent's costs of the appeal, such costs to be taxed in default of agreement.