DDX16 v Minister for Immigration and Border Protection [2018] FCA 838

DDX16 v Minister for Immigration and Border Protection [2018] FCA 838

The proposed new ground lacked sufficient merit because the relevant information was information about the security situation in Lebanon and Beirut, being country information concerning the security of persons living there, and was not specifically about the appellant or another person. It was therefore excluded from the operation of s 424A(1) by s 424A(3)(a). Leave to amend the Notice of Appeal was refused and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Migration Appeal From Federal Circuit Court Judicial Review of Administrative Appeals Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Appeal; Application for Leave to Amend Notice of Appeal to Raise a New Ground
Outcome
Leave to amend the Notice of Appeal refused; appeal dismissed; appellant ordered to pay the first respondent's costs.
Legal Topics
['protection Visa' 'judicial Review' 'administrative Appeals Tribunal' 'migration Act 1958 (cth) S 424 A' 'leave to Raise New Ground on Appeal' 'country Information' 'relocation Within Receiving Country' 'jurisdictional Error']
['migration' 'administrative and Constitutional Law and Human Rights'] ['protection Visa' 'judicial Review' 'administrative Appeals Tribunal' 'migration Act 1958 (cth) S 424 A' 'leave to Raise New Ground on Appeal' 'country Information' 'relocation Within Receiving Country' 'jurisdictional Error']

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Procedural Posture

Migration Appeal From Federal Circuit Court Judicial Review of Administrative Appeals Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Appeal; Application for Leave to Amend Notice of Appeal to Raise a New Ground

Legal Issues

  1. 1 ['Whether leave should be granted to amend the Notice of Appeal to raise a new ground not raised before the Federal Circuit Court.' "Whether the Tribunal member's statements about personal visits to Lebanon were information required to be dealt with under s 424A of the Migration Act 1958 (Cth)." 'Whether information about the security situation in Lebanon and Beirut was excluded from s 424A(1) by s 424A(3)(a).']

Ratio Decidendi

The proposed new ground lacked sufficient merit because the relevant information was information about the security situation in Lebanon and Beirut, being country information concerning the security of persons living there, and was not specifically about the appellant or another person. It was therefore excluded from the operation of s 424A(1) by s 424A(3)(a). Leave to amend the Notice of Appeal was refused and the appeal was dismissed.

Court Disposition

Leave to amend the Notice of Appeal refused; appeal dismissed; appellant ordered to pay the first respondent's costs.

Orders

  • ['Leave to amend the Notice of Appeal be refused.' 'The appeal be dismissed.' "The appellant is to pay the first respondent's costs of the appeal to be taxed or as agreed."]