DBE16 v Minister for Immigration and Border Protection [2017] FCA 942

Procedural Posture

Migration Appeal From the Federal Circuit Court of Australia Concerning Refusal of Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Safe Haven Enterprise Visa / Appeal to the Federal Court of Australia

Legal Issues

1. 1 ['Whether leave should be granted to raise grounds of appeal not raised before the Federal Circuit Court.' "Whether the Immigration Assessment Authority failed to adequately consider the appellant's claims for complementary protection." 'Whether the Immigration Assessment Authority denied natural justice by making findings different from findings made by the delegate, including rejecting past extortion claims accepted by the delegate.' 'Whether the Authority was obliged to interview the appellant or invite comment before making adverse credibility or factual findings under Pt 7AA of the Migration Act 1958 (Cth).']

Ratio Decidendi

Leave to raise the two new appeal grounds was refused because the appellant gave no explanation for not raising them below and both grounds lacked merit. The Authority had considered all protection claims and could rely on its earlier factual findings that the appellant faced no real chance of harm when assessing complementary protection, as no separate complementary protection claims were advanced. The Authority did not deny natural justice by making findings different from the delegate or by not interviewing or inviting further comment, because Pt 7AA establishes a limited on-the-papers review scheme and exhaustively states the applicable natural justice hearing rule.

Court Disposition

Appeal dismissed with costs.

Orders

• ['The appeal be dismissed.' 'The appellant pay the costs of the first respondent, to be assessed if not agreed.']