CVT19 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1482

CVT19 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1482

Leave to file the amended notice of appeal was refused because both proposed new grounds had poor prospects of success. Any factual error by the Authority concerning the appellant's evidence about the number of 2012 demands for money did not amount to jurisdictional error, was supported by other independent reasons, and was not material. The Authority was not required to consider a real possibility that the 2012 events occurred because, read fairly, it had no real doubt that they had not occurred. The proposed political activity ground also lacked merit because the appellant had not advanced a case that he would continue pro-Tamil political activities in Sri Lanka or would need to conceal...

Jurisdiction
Australia
Judgment Date
09 December 2022
Procedural Posture
Migration Appeal From Dismissal of Judicial Review of Immigration Assessment Authority Decision Affirming Refusal of Protection Visa / Application for Leave to File Amended Notice of Appeal and Appeal
Outcome
Leave to file an amended notice of appeal refused and appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Protection Obligations' 'complementary Protection Obligations' 'jurisdictional Error' 'leave to Raise New Grounds on Appeal' 'immigration Assessment Authority']
['migration' 'administrative Law'] ['protection Visa' 'refugee Protection Obligations' 'complementary Protection Obligations' 'jurisdictional Error' 'leave to Raise New Grounds on Appeal' 'immigration Assessment Authority']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of Judicial Review of Immigration Assessment Authority Decision Affirming Refusal of Protection Visa / Application for Leave to File Amended Notice of Appeal and Appeal

Legal Issues

  1. 1 ['Whether leave should be granted to file an amended notice of appeal raising new grounds not raised in the Federal Circuit Court.' "Whether the Immigration Assessment Authority made jurisdictional error in rejecting the appellant's account of 2012 demands for money and threats of kidnapping." 'Whether the Immigration Assessment Authority was required to consider the possibility that the 2012 events occurred despite finding they did not occur.' 'Whether any asserted error concerning the 2012 events was material.' "Whether the Immigration Assessment Authority made jurisdictional error by not applying s 5J(3) of the Migration Act 1958 (Cth) to the appellant's claimed political opinions and activities on return to Sri Lanka."]

Ratio Decidendi

Leave to file the amended notice of appeal was refused because both proposed new grounds had poor prospects of success. Any factual error by the Authority concerning the appellant's evidence about the number of 2012 demands for money did not amount to jurisdictional error, was supported by other independent reasons, and was not material. The Authority was not required to consider a real possibility that the 2012 events occurred because, read fairly, it had no real doubt that they had not occurred. The proposed political activity ground also lacked merit because the appellant had not advanced a case that he would continue pro-Tamil political activities in Sri Lanka or would need to conceal...

Court Disposition

Leave to file an amended notice of appeal refused and appeal dismissed with costs.

Orders

  • ['Leave to file an amended notice of appeal be refused and the appeal be dismissed.' "The appellant pay the first respondent's costs."]