CZY16 v Minister for Immigration and Border Protection [2018] FCA 1171

CZY16 v Minister for Immigration and Border Protection [2018] FCA 1171

The Tribunal made findings regarding the threat of harm from Tarun Dal or other groups in connection with demands for money due to the appellant’s wealth. It concluded such demands did not constitute serious harm under the Migration Act 1958. Accordingly, there was no error, and the new ground lacked merit, so leave was refused and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
07 August 2018
Procedural Posture
Appeal / Judgment on Application for Leave to Raise New Ground on Appeal and the Appeal
Outcome
Appeal dismissed. Leave to raise new ground of appeal refused.
Legal Topics
['judicial Review' 'protection Visa' 'federal Appeal Procedure' 'new Grounds of Appeal' 'serious Harm Under Migration Act 1958']
['migration Law'] ['judicial Review' 'protection Visa' 'federal Appeal Procedure' 'new Grounds of Appeal' 'serious Harm Under Migration Act 1958']

Case Brief

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Procedural Posture

Appeal / Judgment on Application for Leave to Raise New Ground on Appeal and the Appeal

Legal Issues

  1. 1 ['Whether leave should be granted to raise a new ground of appeal not raised at first instance' 'Whether the Tribunal made a finding on the appellant’s claim that he feared harm in Nepal from Tarun Dal due to demands for money because of his wealth']

Ratio Decidendi

The Tribunal made findings regarding the threat of harm from Tarun Dal or other groups in connection with demands for money due to the appellant’s wealth. It concluded such demands did not constitute serious harm under the Migration Act 1958. Accordingly, there was no error, and the new ground lacked merit, so leave was refused and the appeal dismissed.

Court Disposition

Appeal dismissed. Leave to raise new ground of appeal refused.

Orders

  • ['The appellant is refused leave to raise his new ground of appeal.' 'The appeal is dismissed, with costs.']