DEZ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 124

Neither ground of appeal established jurisdictional error: The Authority was entitled to treat the risk asserted as part of generalised violence and to decline further inquiry regarding the uncle's file under the statutory framework. Possible errors were within jurisdiction; evidentiary onus and statutory regime not satisfied for jurisdictional error.

Jurisdiction: Australia
Judgment Date: 18 February 2022
Procedural Posture: Appeal / Judgment
Outcome: Appeal dismissed
Legal Topics: ['judicial Review' 'jurisdictional Error' 'migration Appeals' 'complementary Protection' 'new Evidence on Appeal']

['administrative Law' 'migration Law' 'human Rights Law'] ['judicial Review' 'jurisdictional Error' 'migration Appeals' 'complementary Protection' 'new Evidence on Appeal']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

1 ["Whether the Federal Circuit Court erred in failing to find that the Immigration Assessment Authority committed jurisdictional error by (1) failing to consider the argument that the appellant was at real risk of significant harm for complementary protection; (2) refusing to consider the appellant's uncle's file or failing to consider the exercise of power to invite information about the land dispute and related issues."]

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

['The appeal be dismissed.' "The appellant pay the first respondent's costs as assessed or agreed."]