CZH18 v Minister for Home Affairs [2020] FCA 368

CZH18 v Minister for Home Affairs [2020] FCA 368

The Authority did not make the jurisdictional error identified in S395/2002 because its conclusion that the appellant did not face a real chance of persecution in Afghanistan was not based on any view that he could avoid persecution by modifying his activities as a journalist. It was based on findings that he had no adverse profile while working as a journalist, had not stopped working because of fear of harm, and would not resume working as a journalist if returned. The Authority's rejection on credibility grounds of the claim that he had no option but to resume journalism supported its conclusion that his fear of persecution for being a journalist was not well-founded.

Jurisdiction
Australia
Judgment Date
19 March 2020
Procedural Posture
Migration Appeal From Federal Circuit Court Decision Dismissing Application for Judicial Review of Immigration Assessment Authority Decision / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'judicial Review' 'jurisdictional Error' 'particular Social Group' 'fear of Persecution' 'immigration Assessment Authority']
['migration' 'administrative Law'] ['protection Visa' 'judicial Review' 'jurisdictional Error' 'particular Social Group' 'fear of Persecution' 'immigration Assessment Authority']

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Procedural Posture

Migration Appeal From Federal Circuit Court Decision Dismissing Application for Judicial Review of Immigration Assessment Authority Decision / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the Immigration Assessment Authority failed to consider the appellant's claim to fear persecution by reason of membership of a particular social group, being journalists in Afghanistan." 'Whether the Authority made the error identified in Appellant S395/2002 v Minister for Immigration and Multicultural Affairs by finding that the appellant would not work as a journalist on return to Afghanistan.' 'Whether the Authority impermissibly required the appellant to behave in a particular way to avoid harm.']

Ratio Decidendi

The Authority did not make the jurisdictional error identified in S395/2002 because its conclusion that the appellant did not face a real chance of persecution in Afghanistan was not based on any view that he could avoid persecution by modifying his activities as a journalist. It was based on findings that he had no adverse profile while working as a journalist, had not stopped working because of fear of harm, and would not resume working as a journalist if returned. The Authority's rejection on credibility grounds of the claim that he had no option but to resume journalism supported its conclusion that his fear of persecution for being a journalist was not well-founded.

Court Disposition

Appeal dismissed with costs.

Orders

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