DHB16 v Minister for Immigration and Border Protection [2018] FCA 673

DHB16 v Minister for Immigration and Border Protection [2018] FCA 673

The Appellant did not establish any error by the Federal Circuit Court. The Tribunal identified and addressed the statutory criteria, was entitled to make credibility and reliability assessments, to consider the Appellant's delay in applying for a Protection visa, and to evaluate the evidence about the book stall incident. The alleged inconsistency between paragraphs [39] and [79] of the Tribunal's reasons did not exist, because paragraph [39] recited the Delegate's decision and paragraph [79] recorded the Tribunal's acceptance of the Appellant's sworn evidence that neither he nor his family had been threatened due to DSS involvement. No jurisdictional error was shown.

Jurisdiction
Australia
Judgment Date
10 May 2018
Procedural Posture
Migration Appeal From a Decision of the Federal Circuit Court Dismissing an Application for Judicial Review Under S 476 of the Migration Act 1958 (cth) / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'jurisdictional Error' 'well Founded Fear of Persecution' 'credibility Findings' 'weight of Evidence']
['migration' 'administrative Law' 'judicial Review'] ['protection Visa' 'jurisdictional Error' 'well Founded Fear of Persecution' 'credibility Findings' 'weight of Evidence']

Case Brief

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Procedural Posture

Migration Appeal From a Decision of the Federal Circuit Court Dismissing an Application for Judicial Review Under S 476 of the Migration Act 1958 (cth) / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Federal Circuit Court erred in finding that the Tribunal decision was not affected by jurisdictional error.' 'Whether the Tribunal made inconsistent findings concerning whether the Appellant or his family had been threatened due to his DSS involvement.' 'Whether the Tribunal asked wrong questions or failed to give sufficient weight to evidence about the book stall incident.' 'Whether the Tribunal was entitled to rely on credibility findings and delay in applying for a Protection visa.']

Ratio Decidendi

The Appellant did not establish any error by the Federal Circuit Court. The Tribunal identified and addressed the statutory criteria, was entitled to make credibility and reliability assessments, to consider the Appellant's delay in applying for a Protection visa, and to evaluate the evidence about the book stall incident. The alleged inconsistency between paragraphs [39] and [79] of the Tribunal's reasons did not exist, because paragraph [39] recited the Delegate's decision and paragraph [79] recorded the Tribunal's acceptance of the Appellant's sworn evidence that neither he nor his family had been threatened due to DSS involvement. No jurisdictional error was shown.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' 'The Appellant pay the costs of the First Respondent of and incidental to the appeal, fixed in the sum of $4,150.']