EZC18 v Minister for Home Affairs [2019] FCA 2143

EZC18 v Minister for Home Affairs [2019] FCA 2143

The Tribunal did not commit jurisdictional error because s 36(2A)(a) of the Migration Act 1958 (Cth) is restricted to a risk of deprivation of life by a third party or third parties. Suicide, although tragic, is self-actioned and self-directed and is not an arbitrary deprivation of life within that provision. Further, there was nothing arbitrary about the appellant's lawful removal from Australia or reception by the United Kingdom.

Jurisdiction
Australia
Judgment Date
19 December 2019
Procedural Posture
Migration Appeal From Federal Circuit Court Dismissal of Judicial Review Application / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'complementary Protection' 'arbitrary Deprivation of Life' 'risk of Suicide on Removal' 'jurisdictional Error' 'statutory Construction']
['migration' 'administrative Law' 'human Rights'] ['protection Visa' 'complementary Protection' 'arbitrary Deprivation of Life' 'risk of Suicide on Removal' 'jurisdictional Error' 'statutory Construction']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether suicide amounts to an arbitrary deprivation of life within ss 36(2A)(a) and 36(2)(aa) of the Migration Act 1958 (Cth).' 'Whether s 36(2A)(a) is restricted to the risk of being arbitrarily deprived of life by a third party or third parties.' "Whether arbitrariness is determined by reference to the receiving country's response to the risk of suicide." 'Whether the primary judge erred by limiting the operation of s 36(2A)(a) to states or state agencies.']

Ratio Decidendi

The Tribunal did not commit jurisdictional error because s 36(2A)(a) of the Migration Act 1958 (Cth) is restricted to a risk of deprivation of life by a third party or third parties. Suicide, although tragic, is self-actioned and self-directed and is not an arbitrary deprivation of life within that provision. Further, there was nothing arbitrary about the appellant's lawful removal from Australia or reception by the United Kingdom.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.']