DMU16 v Minister for Immigration and Border Protection [2018] FCA 1334

DMU16 v Minister for Immigration and Border Protection [2018] FCA 1334

The Authority expressly referred to, understood and accepted the threats that CID members would shoot the appellant if he did not answer calls, considered them with the visits, phone calls, requests for money, country information and the appellant's circumstances, and was not required to give more specific reasoning. It engaged with the integers of the claims as put and concluded that the conduct amounted to monitoring and harassment but not serious harm or a real chance of serious harm. The proposed new grounds had no real merit because the Authority sufficiently dealt with extortion and complementary protection, applied the real chance test, ground 5 merely challenged the result, and no...

Jurisdiction
Australia
Judgment Date
03 September 2018
Procedural Posture
Migration Appeal From the Federal Circuit Court of Australia Concerning Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Safe Haven Enterprise (class Xe) (subclass 790) Visa / Appeal Dismissed; Leave to Rely on New Grounds Refused
Outcome
Appeal dismissed with costs; leave to raise new grounds refused.
Legal Topics
['protection Visa' 'safe Haven Enterprise Visa' 'immigration Assessment Authority' 'jurisdictional Error' 'adjournment' 'leave to Raise New Grounds on Appeal' 'complementary Protection' 'real Chance of Serious Harm']
['migration' 'administrative Law' 'practice and Procedure'] ['protection Visa' 'safe Haven Enterprise Visa' 'immigration Assessment Authority' 'jurisdictional Error' 'adjournment' 'leave to Raise New Grounds on Appeal' 'complementary Protection' 'real Chance of Serious Harm']

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 the Federal Circuit Court of Australia Concerning Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Safe Haven Enterprise (class Xe) (subclass 790) Visa / Appeal Dismissed; Leave to Rely on New Grounds Refused

Legal Issues

  1. 1 ['Whether the Federal Circuit Court erred in not holding that the Immigration Assessment Authority was required to engage in more specific reasoning about threats to shoot the appellant.' "Whether the Immigration Assessment Authority failed to engage in an active intellectual process in relation to each integer of the appellant's claims." 'Whether leave should be granted to raise new grounds not argued below.' 'Whether the Immigration Assessment Authority committed jurisdictional error in its treatment of extortion, complementary protection, the real chance test, asserted political opinion, and pre-trial detention.']

Ratio Decidendi

The Authority expressly referred to, understood and accepted the threats that CID members would shoot the appellant if he did not answer calls, considered them with the visits, phone calls, requests for money, country information and the appellant's circumstances, and was not required to give more specific reasoning. It engaged with the integers of the claims as put and concluded that the conduct amounted to monitoring and harassment but not serious harm or a real chance of serious harm. The proposed new grounds had no real merit because the Authority sufficiently dealt with extortion and complementary protection, applied the real chance test, ground 5 merely challenged the result, and no...

Court Disposition

Appeal dismissed with costs; leave to raise new grounds refused.

Orders

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