EQU19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1182

EQU19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1182

The Tribunal's religious devotedness finding was not illogical, irrational or based on no evidence because it was based on the totality of the evidence, including the Tribunal's rejection of the appellant's evidence about the strength and growth of his religiosity as vague, changeable, exaggerated and unsubstantiated, as well as country information and findings about his and his family's experiences in Jordan. The Tribunal also complied in substance with s 423A: it identified the lateness of the political opinion claim, questioned the appellant about why it had not been raised earlier, allowed post-hearing evidence and submissions, considered the explanation given, and reached the...

Jurisdiction
Australia
Judgment Date
05 October 2023
Procedural Posture
Migration Appeal From the Federal Circuit and Family Court of Australia (division 2) Concerning Judicial Review of an Administrative Appeals Tribunal Protection Visa Decision / Appeal Dismissed by the Federal Court of Australia
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'refugee and Complementary Protection Criteria' 'illogicality, Irrationality or No Evidence' 'section 423 a of the Migration Act 1958 (cth)' 'new Claims or Evidence Before the Tribunal' 'political Opinion Claim' 'religious Persecution Claim']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee and Complementary Protection Criteria' 'illogicality, Irrationality or No Evidence' 'section 423 a of the Migration Act 1958 (cth)' 'new Claims or Evidence Before the Tribunal' 'political Opinion Claim' 'religious Persecution Claim']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Circuit and Family Court of Australia (division 2) Concerning Judicial Review of an Administrative Appeals Tribunal Protection Visa Decision / Appeal Dismissed by the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the Tribunal's finding that the appellant was no more devout or outspoken in his Christian faith than members of his family and community was illogical, irrational or based on no evidence." "Whether the Tribunal failed to comply with s 423A of the Migration Act 1958 (Cth) in relation to the appellant's late claim to fear harm based on political opinion, including criticism of King Abdullah II." "Whether any alleged error was material to the Tribunal's decision to affirm refusal of the protection visa."]

Ratio Decidendi

The Tribunal's religious devotedness finding was not illogical, irrational or based on no evidence because it was based on the totality of the evidence, including the Tribunal's rejection of the appellant's evidence about the strength and growth of his religiosity as vague, changeable, exaggerated and unsubstantiated, as well as country information and findings about his and his family's experiences in Jordan. The Tribunal also complied in substance with s 423A: it identified the lateness of the political opinion claim, questioned the appellant about why it had not been raised earlier, allowed post-hearing evidence and submissions, considered the explanation given, and reached the...

Court Disposition

Appeal dismissed.

Orders

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