DLB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 504
The Authority did not misapply the 'real chance' test nor did it fail to properly consider the appellant's claims or supporting material regarding Gotabaya Rajapaksa's possible presidency; there was no jurisdictional error, and the appellant failed to establish any ground of appeal.
- Jurisdiction
- Australia
- Judgment Date
- 14 May 2021
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- ['judicial Review' 'safe Haven Enterprise Visa' 'real Chance Test' 'jurisdictional Error' 'country Information Assessment']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ["Whether the Immigration Assessment Authority misapplied the 'real chance' test in assessing well-founded fear of persecution" 'Whether the Authority failed to properly consider evidence and submissions regarding risk upon Gotabaya Rajapaksa becoming president' 'Whether the Authority failed to consider chance of harm in the reasonably foreseeable future' "Whether there was jurisdictional error in the Authority's reasoning"]
Ratio Decidendi
The Authority did not misapply the 'real chance' test nor did it fail to properly consider the appellant's claims or supporting material regarding Gotabaya Rajapaksa's possible presidency; there was no jurisdictional error, and the appellant failed to establish any ground of appeal.
Court Disposition
Appeal dismissed
Orders
- ['The appeal be dismissed.' "The appellant pay the first respondent's costs as agreed or taxed."]
Full Case Text
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