DWJ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1484

DWJ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1484

Leave to rely on new grounds of appeal was refused due to both a lack of adequate explanation for the failure to raise below and an absence of merit in those grounds; the Authority sufficiently considered trauma and the appellant's circumstances, its decision was not legally unreasonable or perverse, and no jurisdictional error was established. Appeal dismissed.

Parties
Appellant: DWJ18; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
15 October 2020
Procedural Posture
Appeal / Judgment Following Oral Hearing
Outcome
Appeal dismissed
Legal Topics
Protection Visa, Jurisdictional Error, Procedural Fairness, Complementary Protection, Leave to Rely on New Grounds, Leave to Adduce Fresh Evidence
Administrative Law Migration Law Human Rights Protection Visa Jurisdictional Error Procedural Fairness Complementary Protection Leave to Rely on New Grounds +1 more

Case Brief

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Parties

DWJ18

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Appeal / Judgment Following Oral Hearing

Legal Issues

  1. 1 Whether leave should be granted to rely on new grounds of appeal not raised below
  2. 2 Whether the Immigration Assessment Authority failed to consider the appellant's mental health circumstances in assessing credibility and risk of harm
  3. 3 Whether the Authority failed to give intellectual consideration to personal vulnerabilities in the protection visa assessment

Ratio Decidendi

Leave to rely on new grounds of appeal was refused due to both a lack of adequate explanation for the failure to raise below and an absence of merit in those grounds; the Authority sufficiently considered trauma and the appellant's circumstances, its decision was not legally unreasonable or perverse, and no jurisdictional error was established. Appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Leave to rely on draft amended notice of appeal filed on 30 July 2020 is refused.
  • Leave granted to appellant to adduce further evidence on appeal, being affidavit of Joseph Magri affirmed 9 July 2020 and annexure; compliance with r 36.57 dispensed with as necessary.