DRW17 v Minister for Immigration and Border Protection [2019] FCA 273

DRW17 v Minister for Immigration and Border Protection [2019] FCA 273

Leave to appeal was refused because none of the proposed grounds had sufficient prospects of success. The IAA had considered the review material, the later 23 May 2018 DFAT report could not have been before it, its credibility findings were rational and intelligible, Part 7AA did not require the procedural steps asserted by the applicant, Rajalingam did not assist where the IAA expressed no doubt about its findings, and there was no evidence that the FCCA show cause hearing was unfair or that any alleged procedural failure affected the outcome.

Jurisdiction
Australia
Judgment Date
04 March 2019
Procedural Posture
Application for Leave to Appeal From DRW17 V Minister for Immigration & Anor [2018] FCCA 2237 / Application for Leave to Appeal Dismissed
Outcome
Application dismissed with costs.
Legal Topics
['safe Haven Enterprise Visa' 'fast Track Review' 'jurisdictional Error' 'complementary Protection' 'credibility Findings' 'procedural Fairness' 'leave to Appeal']
['migration' 'administrative Law'] ['safe Haven Enterprise Visa' 'fast Track Review' 'jurisdictional Error' 'complementary Protection' 'credibility Findings' 'procedural Fairness' 'leave to Appeal']

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

Application for Leave to Appeal From DRW17 V Minister for Immigration & Anor [2018] FCCA 2237 / Application for Leave to Appeal Dismissed

Legal Issues

  1. 1 ["Whether the Immigration Assessment Authority failed to consider integers of the applicant's claims to complementary protection." 'Whether the Immigration Assessment Authority failed to consider new information, including a DFAT report dated 23 May 2018.' 'Whether the Immigration Assessment Authority erred in its credibility findings.' 'Whether the Immigration Assessment Authority denied the applicant procedural fairness.' 'Whether the delegate or Immigration Assessment Authority failed to take into account the possibility that the applicant was imputed to be an LTTE supporter or person with LTTE links before leaving Sri Lanka.' 'Whether the Federal Circuit Court show cause hearing was unfair because the applicant was self-represented.']

Ratio Decidendi

Leave to appeal was refused because none of the proposed grounds had sufficient prospects of success. The IAA had considered the review material, the later 23 May 2018 DFAT report could not have been before it, its credibility findings were rational and intelligible, Part 7AA did not require the procedural steps asserted by the applicant, Rajalingam did not assist where the IAA expressed no doubt about its findings, and there was no evidence that the FCCA show cause hearing was unfair or that any alleged procedural failure affected the outcome.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The Applicant pay the First Respondent's costs."]