GLD18 v Minister for Home Affairs [2020] FCAFC 2

GLD18 v Minister for Home Affairs [2020] FCAFC 2

Harm arising from separation from family due to removal from Australia, or mental distress not caused by acts or omissions in the receiving country, is not 'significant harm' under s 36(2)(aa) of the Migration Act 1958 (Cth); the Tribunal and Federal Circuit Court correctly applied the law, and the appeals are dismissed.

Parties
Appellant: GLD18; Appellant: CAC19; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
05 February 2020
Procedural Posture
Appeal / Judgment on Appeal From the Federal Circuit Court – Appeal Against Refusal of Protection Visas, Seeking Review of Tribunal Decisions
Outcome
Appeals dismissed; costs to First Respondent to be fixed by lump sum or referred to Registrar.
Legal Topics
Complementary Protection, Protection Visas, Interpretation of Significant Harm, Migration Act 1958 (cth) S 36(2)(aa), Separation From Family, Mental Illness and Significant Harm
Administrative Law Migration Law Human Rights Law Complementary Protection Protection Visas Interpretation of Significant Harm Migration Act 1958 (cth) S 36(2)(aa) Separation From Family +1 more

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Parties

GLD18

Appellant

CAC19

Appellant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From the Federal Circuit Court – Appeal Against Refusal of Protection Visas, Seeking Review of Tribunal Decisions

Legal Issues

  1. 1 Whether harm arising from separation from family by removal from Australia constitutes 'significant harm' under s 36(2)(aa) of the Migration Act 1958 (Cth)
  2. 2 Whether the decision in SZRSN v Minister for Immigration and Citizenship [2013] FCA 751 was correctly interpreted and applied
  3. 3 Whether the complementary protection criterion engages harm that is not attributable to acts or omissions in the receiving country

Ratio Decidendi

Harm arising from separation from family due to removal from Australia, or mental distress not caused by acts or omissions in the receiving country, is not 'significant harm' under s 36(2)(aa) of the Migration Act 1958 (Cth); the Tribunal and Federal Circuit Court correctly applied the law, and the appeals are dismissed.

Court Disposition

Appeals dismissed; costs to First Respondent to be fixed by lump sum or referred to Registrar.

Orders

  • VID 835 of 2019: Appellant granted leave to rely on amended notice of appeal; appeal dismissed; appellant to pay first respondent's costs, to be fixed by lump sum; parties to file any agreed minute of orders fixing lump sum by 4 pm on 19 February 2020; in absence of agreement, costs referred to Registrar.
  • VID 1276 of 2019: Appeal dismissed; appellant to pay first respondent's costs, to be fixed by lump sum; parties to file any agreed minute of orders fixing lump sum by 4 pm on 19 February 2020; in absence of agreement, costs referred to Registrar.