CYM16 v Minister for Immigration and Border Protection [2019] FCA 1230

CYM16 v Minister for Immigration and Border Protection [2019] FCA 1230

The appeal was dismissed because none of the grounds established legal error by the Federal Circuit Court or jurisdictional error by the Immigration Assessment Authority. The Authority considered the appellant's claims, the reliance on SZSFS was unexplained and inapposite, the s 473DD complaint was not made good, and the new illegal-departure argument had no merit because the Authority did not assume that a family member would be required to act as guarantor and found that the appellant would pay a fine if he pleaded guilty or be released on his own personal surety if he pleaded not guilty. The oral matters about current conditions and the appellant's daughter were not shown to have been...

Jurisdiction
Australia
Judgment Date
07 August 2019
Procedural Posture
Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of a Decision of the Immigration Assessment Authority Affirming Refusal of a Safe Haven Enterprise Visa / Federal Court Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['safe Haven Enterprise Visa' 'protection Visa Refusal' 'refugee Criterion' 'complementary Protection Criterion' 'immigration Assessment Authority' 'new Information Under S 473 Dd' 'illegal Departure From Sri Lanka' 'jurisdictional Error']
['migration Law' 'administrative Law' 'judicial Review'] ['safe Haven Enterprise Visa' 'protection Visa Refusal' 'refugee Criterion' 'complementary Protection Criterion' 'immigration Assessment Authority' 'new Information Under S 473 Dd' 'illegal Departure From Sri Lanka' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of a Decision of the Immigration Assessment Authority Affirming Refusal of a Safe Haven Enterprise Visa / Federal Court Appeal

Legal Issues

  1. 1 ["Whether the Federal Circuit Court erred in finding that the Immigration Assessment Authority had properly considered the appellant's claims under ss 36(2)(a) and 36(2)(aa) of the Migration Act 1958." 'Whether principles from SZSFS v Minister for Immigration and Border Protection [2015] FCA 534 assisted the appellant.' "Whether the Immigration Assessment Authority incorrectly applied s 473DD in its treatment of the appellant's statement dated 26 August 2016." 'Whether the appellant should be permitted to raise for the first time on appeal arguments about the consequences of his illegal departure from Sri Lanka, including imprisonment, fines, bail, personal surety and a possible family guarantor.' "Whether the appellant's oral submissions about the current situation in Sri Lanka and his daughter's disability demonstrated legal error by the Federal Circuit Court or jurisdictional error by the Authority."]

Ratio Decidendi

The appeal was dismissed because none of the grounds established legal error by the Federal Circuit Court or jurisdictional error by the Immigration Assessment Authority. The Authority considered the appellant's claims, the reliance on SZSFS was unexplained and inapposite, the s 473DD complaint was not made good, and the new illegal-departure argument had no merit because the Authority did not assume that a family member would be required to act as guarantor and found that the appellant would pay a fine if he pleaded guilty or be released on his own personal surety if he pleaded not guilty. The oral matters about current conditions and the appellant's daughter were not shown to have been...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs."]