EMR17 v Minister for Immigration and Border Protection [2019] FCA 810

EMR17 v Minister for Immigration and Border Protection [2019] FCA 810

The appeal was dismissed because the appellant did not identify any error by the Federal Circuit Court in dismissing the judicial review application and did not establish any jurisdictional error by the Tribunal. The new matters raised either concerned the merits, post-dated the Tribunal's decision, were unsupported by the Tribunal evidence, or did not amount to jurisdictional error, and leave to raise the post-Tribunal sister-related matters was refused for lack of merit.

Jurisdiction
Australia
Judgment Date
31 May 2019
Procedural Posture
Migration Appeal From Dismissal of an Application for Judicial Review of a Protection Visa Refusal / Appeal From the Federal Circuit Court of Australia to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'new Arguments on Appeal' 'credibility Findings']
['migration' 'administrative Law'] ['protection Visa' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'new Arguments on Appeal' 'credibility Findings']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of an Application for Judicial Review of a Protection Visa Refusal / Appeal From the Federal Circuit Court of Australia to the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the appellant demonstrated appealable error in the Federal Circuit Court's dismissal of her judicial review application." 'Whether new matters raised on appeal should be allowed to be argued.' "Whether alleged post-Tribunal events concerning the appellant's sister could establish jurisdictional error by the Tribunal or error by the Federal Circuit Court." "Whether the Tribunal's treatment of evidence about the appellant's cousin being referred to as her brother involved jurisdictional error." 'Whether the Tribunal failed to consider evidence from Sri Lankan police officers that the appellant should not return to Sri Lanka or could not be protected.' 'Whether changed circumstances in Sri Lanka established error in the decision under appeal.']

Ratio Decidendi

The appeal was dismissed because the appellant did not identify any error by the Federal Circuit Court in dismissing the judicial review application and did not establish any jurisdictional error by the Tribunal. The new matters raised either concerned the merits, post-dated the Tribunal's decision, were unsupported by the Tribunal evidence, or did not amount to jurisdictional error, and leave to raise the post-Tribunal sister-related matters was refused for lack of merit.

Court Disposition

Appeal dismissed with costs.

Orders

  • ["The appellant's draft notice of appeal received by the Court on 8 January 2019 stand as the notice of appeal, and be taken to have been filed on 8 January 2019." 'The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal, to be assessed in default of agreement."]