FCC17 v Minister for Immigration and Border Protection [2019] FCA 2080

FCC17 v Minister for Immigration and Border Protection [2019] FCA 2080

The appeal was dismissed because the argument advanced on appeal was not encapsulated in the grounds of judicial review before the primary judge, and the primary judge committed no appealable error by not determining an argument advanced only in written submissions and not reflected in the amended originating application. In any event, the argument could not succeed on the material before the Court because the country information relied upon by the Authority was not in evidence, and no order for its production was warranted where the self-represented appellant made no oral or written submissions supporting the appeal.

Jurisdiction
Australia
Judgment Date
11 December 2019
Procedural Posture
Migration Appeal From Dismissal of Application for Judicial Review of Immigration Assessment Authority Decision / Appeal to the Federal Court of Australia From FCC17 V Minister for Immigration & Anor [2018] FCCA 2807
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'safe Haven Enterprise (subclass 790) Visa' 'refugee Criterion' 'complementary Protection Criterion' 'jurisdictional Error' 'real Chance Test' 'real Risk Test' 'country Information' 'argument Not Raised in Proceeding Below' 'order for Production of Material']
['migration' 'administrative Law' 'judicial Review'] ['protection Visa' 'safe Haven Enterprise (subclass 790) Visa' 'refugee Criterion' 'complementary Protection Criterion' 'jurisdictional Error' 'real Chance Test' 'real Risk Test' 'country Information' 'argument Not Raised in Proceeding Below' 'order for Production of Material']

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Procedural Posture

Migration Appeal From Dismissal of Application for Judicial Review of Immigration Assessment Authority Decision / Appeal to the Federal Court of Australia From FCC17 V Minister for Immigration & Anor [2018] FCCA 2807

Legal Issues

  1. 1 ['Whether the Federal Circuit Court erred by dismissing a ground alleging that the Immigration Assessment Authority misapplied the real chance test in assessing risk from sectarian violence and criminal activities in Iraq.' 'Whether the argument advanced on appeal had been raised in the grounds for judicial review before the primary judge.' "Whether the Authority's conclusion about risk to ordinary civilians could be challenged without the country information being in evidence." "Whether the Court should order production of the country information to enable the appellant's argument to be determined."]

Ratio Decidendi

The appeal was dismissed because the argument advanced on appeal was not encapsulated in the grounds of judicial review before the primary judge, and the primary judge committed no appealable error by not determining an argument advanced only in written submissions and not reflected in the amended originating application. In any event, the argument could not succeed on the material before the Court because the country information relied upon by the Authority was not in evidence, and no order for its production was warranted where the self-represented appellant made no oral or written submissions supporting the appeal.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.']