EGP17 v Minister for Home Affairs [2019] FCA 684

EGP17 v Minister for Home Affairs [2019] FCA 684

The appeal failed because the Authority accepted the appellant's account but, on the totality of the information before it, rationally concluded that there was only a remote chance that militia or anyone else would carry out threats or harm him on return to Iraq. The Authority did not substitute a low-risk test for the real chance or real risk tests; its conclusion of only a remote chance was based on analysis of the appellant's circumstances and country information, including but not limited to information that generalised violence in southern Iraq was low. No appellable error by the Federal Circuit Court was shown.

Jurisdiction
Australia
Judgment Date
16 May 2019
Procedural Posture
Migration Appeal From Dismissal of Judicial Review Application / Appeal to the Federal Court of Australia From the Federal Circuit Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'judicial Review' 'immigration Assessment Authority' 'real Chance of Persecution' 'real Risk of Significant Harm' 'jurisdictional Error']
['migration' 'administrative Law'] ['protection Visa' 'judicial Review' 'immigration Assessment Authority' 'real Chance of Persecution' 'real Risk of Significant Harm' 'jurisdictional Error']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of Judicial Review Application / Appeal to the Federal Court of Australia From the Federal Circuit Court of Australia

Legal Issues

  1. 1 ['Whether the Immigration Assessment Authority failed properly to assess the risk of harm when considering whether the appellant faced a real chance of persecution or a real risk of significant harm on return to Iraq.' 'Whether the Immigration Assessment Authority erred by equating a low risk of harm with a remote chance of harm.' 'Whether the Federal Circuit Court erred in dismissing grounds alleging jurisdictional error by the Immigration Assessment Authority.']

Ratio Decidendi

The appeal failed because the Authority accepted the appellant's account but, on the totality of the information before it, rationally concluded that there was only a remote chance that militia or anyone else would carry out threats or harm him on return to Iraq. The Authority did not substitute a low-risk test for the real chance or real risk tests; its conclusion of only a remote chance was based on analysis of the appellant's circumstances and country information, including but not limited to information that generalised violence in southern Iraq was low. No appellable error by the Federal Circuit Court was shown.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pays the first respondent's costs."]