FUS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 272

FUS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 272

The appeal was dismissed because the primary judge correctly found that the ICSE database record recorded the day and time of the delegate's refusal decision and satisfied s 67 of the Migration Act 1958 (Cth), so the absence of a time on the written Protection Visa Decision Record was irrelevant. The proposed illogicality or irrationality ground had not been raised below, lacked explanation and merit, and the Authority's country information findings were open on the materials before it.

Jurisdiction
Australia
Judgment Date
05 March 2020
Procedural Posture
Appeal From Orders of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Migration Decision / Appeal
Outcome
Appeal dismissed.
Legal Topics
['safe Haven Enterprise Visa' 'fast Track Reviewable Decision' 'immigration Assessment Authority' 'judicial Review' 'section 67 Record of Decision' 'illogicality or Irrationality' 'leave to Raise New Ground on Appeal']
['migration' 'administrative Law'] ['safe Haven Enterprise Visa' 'fast Track Reviewable Decision' 'immigration Assessment Authority' 'judicial Review' 'section 67 Record of Decision' 'illogicality or Irrationality' 'leave to Raise New Ground on Appeal']

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Procedural Posture

Appeal From Orders of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Migration Decision / Appeal

Legal Issues

  1. 1 ["Whether the primary judge erred in rejecting grounds based on alleged non-compliance with s 67 of the Migration Act 1958 (Cth) because the delegate's written decision record did not state the time of the decision." "Whether the Immigration Assessment Authority's findings based on country information concerning Tamils in Sri Lanka were illogical or irrational." 'Whether leave should be granted to raise the illogicality or irrationality ground for the first time on appeal.']

Ratio Decidendi

The appeal was dismissed because the primary judge correctly found that the ICSE database record recorded the day and time of the delegate's refusal decision and satisfied s 67 of the Migration Act 1958 (Cth), so the absence of a time on the written Protection Visa Decision Record was irrelevant. The proposed illogicality or irrationality ground had not been raised below, lacked explanation and merit, and the Authority's country information findings were open on the materials before it.

Court Disposition

Appeal dismissed.

Orders

  • ['The name of the first respondent be amended to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.' 'The appeal be dismissed.' "The appellant pay the first respondent's costs as agreed or taxed."]