DKV16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 716

DKV16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 716

The Tribunal separately considered the appellant's claims under s 36(2)(a) and s 36(2)(aa), applied the correct tests, and was entitled to rely on relevant factual findings made under the refugee criterion when assessing complementary protection. The appellant did not identify any claim or relevant consideration not taken into account, nor any illogicality, irrationality, actual bias or apprehended bias amounting to jurisdictional error. The appeal was therefore dismissed.

Jurisdiction
Australia
Judgment Date
22 June 2022
Procedural Posture
Migration Appeal From Decision Dismissing Application for Judicial Review of Protection Visa Refusal / Appeal to the Federal Court of Australia From DKV16 V Minister for Immigration & Anor [2019] FCCA 3092
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'temporary Protection Visa' 'judicial Review' 'jurisdictional Error' 'complementary Protection' 'refugee Criterion' 'illogicality or Irrationality' 'apprehended Bias' 'relocation']
['migration Law' 'administrative Law'] ['protection Visa' 'temporary Protection Visa' 'judicial Review' 'jurisdictional Error' 'complementary Protection' 'refugee Criterion' 'illogicality or Irrationality' 'apprehended Bias' 'relocation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Appeal From Decision Dismissing Application for Judicial Review of Protection Visa Refusal / Appeal to the Federal Court of Australia From DKV16 V Minister for Immigration & Anor [2019] FCCA 3092

Legal Issues

  1. 1 ['Whether the Tribunal failed to disaggregate and apply the correct tests under paragraphs 36(2)(a) and 36(2)(aa) of the Migration Act 1958 (Cth).' "Whether the Tribunal failed to take into account the appellant's claims or relevant material." "Whether the Tribunal's reasons or fact finding were illogical or irrational." 'Whether the Tribunal adopted a hard attitude amounting to actual or apprehended bias.']

Ratio Decidendi

The Tribunal separately considered the appellant's claims under s 36(2)(a) and s 36(2)(aa), applied the correct tests, and was entitled to rely on relevant factual findings made under the refugee criterion when assessing complementary protection. The appellant did not identify any claim or relevant consideration not taken into account, nor any illogicality, irrationality, actual bias or apprehended bias amounting to jurisdictional error. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed with costs, such costs as agreed or assessed.']