DBY16 v Minister for Immigration and Border Protection [2018] FCA 1687

DBY16 v Minister for Immigration and Border Protection [2018] FCA 1687

Leave to rely on new appeal grounds was refused because the grounds lacked merit and the interests of justice did not require that they be entertained. The Tribunal separately considered the refugee and complementary protection criteria, applied the correct complementary protection approach, and was entitled to rely on factual findings made in considering Convention claims. The Tribunal exhaustively considered the appellant's claims and country information, including claims relating to BNP support, Awami League violence, Bangladesh country conditions and return as a failed asylum seeker. The remaining complaints were unparticularised or amounted to impermissible merits review, and no...

Jurisdiction
Australia
Judgment Date
07 November 2018
Procedural Posture
Migration Appeal From a Decision of the Federal Circuit Court of Australia Concerning Judicial Review of an Administrative Appeals Tribunal Visa Refusal / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed.
Legal Topics
['temporary Protection (class Xd) Visa' 'refugee Criterion' 'complementary Protection' 'jurisdictional Error' 'political Opinion' 'relevant Considerations' 'country Information' 'procedural Fairness' 'new Grounds on Appeal']
['migration Law' 'administrative Law' 'judicial Review'] ['temporary Protection (class Xd) Visa' 'refugee Criterion' 'complementary Protection' 'jurisdictional Error' 'political Opinion' 'relevant Considerations' 'country Information' 'procedural Fairness' 'new Grounds on Appeal']

Case Brief

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Procedural Posture

Migration Appeal From a Decision of the Federal Circuit Court of Australia Concerning Judicial Review of an Administrative Appeals Tribunal Visa Refusal / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the primary judge erred by failing to hold that the Tribunal failed to apply the correct test for complementary protection under s 36(2)(aa) of the Migration Act 1958 (Cth).' 'Whether the Tribunal conflated the refugee criterion and complementary protection criterion.' 'Whether the primary judge erred by failing to hold that the Tribunal made an error of law in its treatment of factual issues concerning BNP supporters, Awami League supporters and police in Bangladesh.' "Whether the Tribunal failed to assess current country information about Bangladesh or the appellant's claimed risk as a returned asylum seeker." 'Whether leave should be granted to rely on grounds not raised before the Federal Circuit Court.']

Ratio Decidendi

Leave to rely on new appeal grounds was refused because the grounds lacked merit and the interests of justice did not require that they be entertained. The Tribunal separately considered the refugee and complementary protection criteria, applied the correct complementary protection approach, and was entitled to rely on factual findings made in considering Convention claims. The Tribunal exhaustively considered the appellant's claims and country information, including claims relating to BNP support, Awami League violence, Bangladesh country conditions and return as a failed asylum seeker. The remaining complaints were unparticularised or amounted to impermissible merits review, and no...

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' "The appellant must pay the first respondent's costs fixed in an amount of $3,160."]