DHW17 v Minister for Home Affairs [2019] FCA 985

DHW17 v Minister for Home Affairs [2019] FCA 985

The Authority is required to consider the review material provided to it, but is not obliged to refer to every item in its reasons. There was no probative basis to conclude the Authority failed to consider the relevant material; the Authority's reliance on the most recent DFAT report demonstrated a proper approach. No error was established in the Authority's reasoning, and the new ground regarding 'reliability' of information lacked developed argument and merit.

Jurisdiction
Australia
Judgment Date
26 June 2019
Procedural Posture
Appeal / Federal Court of Australia Judgment on Appeal From Federal Circuit Court
Outcome
Appeal dismissed. Leave to amend notice of appeal refused. Costs to first respondent.
Legal Topics
['judicial Review' 'country Information Assessment' 'visa Refusal' 'obligation to Consider Evidence']
['migration Law' 'administrative Law'] ['judicial Review' 'country Information Assessment' 'visa Refusal' 'obligation to Consider Evidence']

Case Brief

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Procedural Posture

Appeal / Federal Court of Australia Judgment on Appeal From Federal Circuit Court

Legal Issues

  1. 1 ['Whether the Immigration Assessment Authority failed to consider all relevant country information' 'Whether the Authority failed to consider whether country information relied upon was reliable' 'Whether leave should be granted for a new ground of appeal']

Ratio Decidendi

The Authority is required to consider the review material provided to it, but is not obliged to refer to every item in its reasons. There was no probative basis to conclude the Authority failed to consider the relevant material; the Authority's reliance on the most recent DFAT report demonstrated a proper approach. No error was established in the Authority's reasoning, and the new ground regarding 'reliability' of information lacked developed argument and merit.

Court Disposition

Appeal dismissed. Leave to amend notice of appeal refused. Costs to first respondent.

Orders

  • ['Leave is refused to the appellant to rely on a proposed new ground of appeal set out at the first numbered paragraph of the amended notice of appeal filed 6 June 2019.' 'The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal, to be fixed in a lump sum." 'If a lump sum is agreed...