DPS17 v Minister for Home Affairs [2019] FCA 754
The Tribunal did not err or fail to address any basis of feared harm; it considered both informal and formal access to the appellant's children and the possible risk of violence from her ex-husband, ultimately finding no real chance of serious harm. Therefore, there was no jurisdictional error, and the appeal could not succeed.
- Jurisdiction
- Australia
- Judgment Date
- 27 May 2019
- Procedural Posture
- Appeal / Judgment After Hearing on Appeal From Federal Circuit Court
- Outcome
- Appeal dismissed
- Legal Topics
- ['protection Visas' 'judicial Review' 'well Founded Fear of Persecution' 'domestic Violence' 'particular Social Group']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment After Hearing on Appeal From Federal Circuit Court
Legal Issues
- 1 ['Whether the Tribunal failed to consider all bases on which the appellant feared harm, particularly violence from her ex-husband if seeking access to her children without legal proceedings' 'Whether the Tribunal completed the exercise of its jurisdiction regarding harm feared by the appellant']
Ratio Decidendi
The Tribunal did not err or fail to address any basis of feared harm; it considered both informal and formal access to the appellant's children and the possible risk of violence from her ex-husband, ultimately finding no real chance of serious harm. Therefore, there was no jurisdictional error, and the appeal could not succeed.
Court Disposition
Appeal dismissed
Orders
- ['Leave to file a further amended notice of appeal be refused.' 'The appeal be dismissed.' "The appellant pay the first respondent's costs."]
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