CSV15 v Minister for Immigration and Border Protection [2018] FCA 699
The appellant's grounds have no reasonable prospects of success because the Tribunal was not required to give notice of country information under s 424A(3)(a), and risk of depression on return does not satisfy the statutory criteria for protection as harm must arise from conduct of others.
- Jurisdiction
- Australia
- Judgment Date
- 21 May 2018
- Procedural Posture
- Migration Appeal / Appeal From Dismissal of Judicial Review
- Outcome
- appeal dismissed with costs
- Legal Topics
- ['protection Visa' 'judicial Review' 'country Information' 'mental Health and Serious Harm' 'leave to Argue New Ground']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Migration Appeal / Appeal From Dismissal of Judicial Review
Legal Issues
- 1 ['Whether the Tribunal was required to put country information to the appellant under s 424A of the Migration Act 1958 (Cth)' "Whether the impact of appellant's mental health constitutes serious or significant harm for the purposes of ss 36(2)(a) or (aa) of the Migration Act 1958 (Cth)" 'Whether leave should be granted to rely on a fresh ground not argued before the primary judge']
Ratio Decidendi
The appellant's grounds have no reasonable prospects of success because the Tribunal was not required to give notice of country information under s 424A(3)(a), and risk of depression on return does not satisfy the statutory criteria for protection as harm must arise from conduct of others.
Court Disposition
appeal dismissed with costs
Orders
- ['The appeal be dismissed with costs.']
Full Case Text
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