ERY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 357

ERY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 357

The Tribunal's credit findings had a rational foundation based on a variety of country information and consideration of the applicant's actions, and there was no jurisdictional error or breach of procedural fairness. The Tribunal was not obliged to disclose information that was not adverse and was not a basis for its decision. Leave to rely on arguments not pressed below was refused due to lack of merit and explanation.

Jurisdiction
Australia
Judgment Date
19 March 2020
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court, Including Interlocutory Leave Applications
Outcome
Appeal dismissed. Appellant given leave to rely only on ground 1 of amended notice; leave refused for other grounds; costs awarded to respondent.
Legal Topics
['procedural Fairness' 'judicial Review' 'protection Visa' 'disclosure Obligations Under Migration Act' 'tribunal Jurisdictional Error']
['administrative Law' 'migration Law' 'human Rights'] ['procedural Fairness' 'judicial Review' 'protection Visa' 'disclosure Obligations Under Migration Act' 'tribunal Jurisdictional Error']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court, Including Interlocutory Leave Applications

Legal Issues

  1. 1 ['Whether the Tribunal erred in credibility findings based on country information' 'Whether the Tribunal breached procedural fairness by not notifying all features of a document subject to an invalid s 438 certificate' 'Whether leave should be granted to raise new grounds not argued below']

Ratio Decidendi

The Tribunal's credit findings had a rational foundation based on a variety of country information and consideration of the applicant's actions, and there was no jurisdictional error or breach of procedural fairness. The Tribunal was not obliged to disclose information that was not adverse and was not a basis for its decision. Leave to rely on arguments not pressed below was refused due to lack of merit and explanation.

Court Disposition

Appeal dismissed. Appellant given leave to rely only on ground 1 of amended notice; leave refused for other grounds; costs awarded to respondent.

Orders

  • ['Name of first respondent amended to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.' 'Leave to file amended notice of appeal in form lodged on 4 February 2019 granted for ground 1 only.' 'Leave refused for grounds 2, 3, and 4 of amended notice of appeal.' 'Appeal dismissed.'...