ETO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 300

ETO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 300

The appeal failed because no error was shown in the Federal Circuit Court's rejection of the judicial review grounds. The Authority did not misapply s 473DD(b)(ii): it rejected the appellant's new claim that the Taliban continued to look for him as not credible because he had denied it at the SHEV interview and had not raised it despite opportunities to put all claims. The Authority also gave detailed consideration to relocation to Lahore, including security, ethnicity, Taliban operations, language, employment and family contacts, and it was open to find that relocation was reasonable and that the appellant did not face a real chance or real risk of harm there. The adjournment application...

Jurisdiction
Australia
Judgment Date
11 March 2020
Procedural Posture
Appeal From a Federal Circuit Court Decision Dismissing an Application for Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Protection Visa / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'fast Track Review' 'new Information Before the Immigration Assessment Authority' 'section 473 Dd(b)(ii)' 'relocation Within Country of Nationality' 'jurisdictional Error' 'adjournment']
['migration' 'administrative Law'] ['protection Visa' 'fast Track Review' 'new Information Before the Immigration Assessment Authority' 'section 473 Dd(b)(ii)' 'relocation Within Country of Nationality' 'jurisdictional Error' 'adjournment']

Case Brief

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Procedural Posture

Appeal From a Federal Circuit Court Decision Dismissing an Application for Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Protection Visa / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Federal Circuit Court erred by not finding that the Immigration Assessment Authority failed to apply the correct test for considering new information under s 473DD(b)(ii) of the Migration Act 1958 (Cth).' "Whether the Federal Circuit Court erred by not finding that the Immigration Assessment Authority failed to consider the appellant's submissions about the reasonableness of relocation to Lahore." "Whether the appellant's oral application for an adjournment should be granted."]

Ratio Decidendi

The appeal failed because no error was shown in the Federal Circuit Court's rejection of the judicial review grounds. The Authority did not misapply s 473DD(b)(ii): it rejected the appellant's new claim that the Taliban continued to look for him as not credible because he had denied it at the SHEV interview and had not raised it despite opportunities to put all claims. The Authority also gave detailed consideration to relocation to Lahore, including security, ethnicity, Taliban operations, language, employment and family contacts, and it was open to find that relocation was reasonable and that the appellant did not face a real chance or real risk of harm there. The adjournment application...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed with costs.']