SZSQL v Minister for Immigration and Border Protection (No 2) [2015] FCA 1118

SZSQL v Minister for Immigration and Border Protection (No 2) [2015] FCA 1118

The appeal failed because the impugned material was country information rather than material addressing the appellant's particular circumstances, and the assessor's reasons showed that she considered the risks facing the appellant as a failed Tamil asylum seeker and whether he would be suspected of LTTE affiliation. The RRT country advice did not apply to a person not involved with the Tamil Tigers who did not leave Sri Lanka unlawfully; the Amnesty letter was not sufficiently cogent or directly contradictory to require separate evaluation; and the post-interview submission was expressly addressed. The appellant did not establish that the assessor failed to take into account a relevant...

Jurisdiction
Australia
Judgment Date
22 October 2015
Procedural Posture
Appeal From Federal Circuit Court Dismissal of Application Under S 476 of the Migration Act 1958 (cth) for Judicial Review of an Independent Protection Assessor Recommendation / Appeal Dismissed
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Obligations' 'independent Protection Assessment' 'relevant Considerations' 'country Information' 'jurisdictional Error' 'requisite State of Satisfaction']
['migration' 'administrative Law' 'judicial Review'] ['protection Obligations' 'independent Protection Assessment' 'relevant Considerations' 'country Information' 'jurisdictional Error' 'requisite State of Satisfaction']

Case Brief

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Procedural Posture

Appeal From Federal Circuit Court Dismissal of Application Under S 476 of the Migration Act 1958 (cth) for Judicial Review of an Independent Protection Assessor Recommendation / Appeal Dismissed

Legal Issues

  1. 1 ['Whether the Federal Circuit Court judge erred by failing to conclude that the assessor failed to take into account RRT country advice concerning returned asylum seekers in Sri Lanka.' 'Whether the Federal Circuit Court judge erred by failing to conclude that the assessor failed to deal with matters in the Amnesty International letter concerning people suspected of being LTTE supporters.' 'Whether the Federal Circuit Court judge erred by failing to conclude that the assessor failed to deal with the post-interview submission concerning detention and torture of returned asylum seekers in Sri Lanka.' "Whether the assessor failed lawfully to form the requisite state of satisfaction by not engaging with the appellant's submissions, evidence and material."]

Ratio Decidendi

The appeal failed because the impugned material was country information rather than material addressing the appellant's particular circumstances, and the assessor's reasons showed that she considered the risks facing the appellant as a failed Tamil asylum seeker and whether he would be suspected of LTTE affiliation. The RRT country advice did not apply to a person not involved with the Tamil Tigers who did not leave Sri Lanka unlawfully; the Amnesty letter was not sufficiently cogent or directly contradictory to require separate evaluation; and the post-interview submission was expressly addressed. The appellant did not establish that the assessor failed to take into account a relevant...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed with costs.' 'The costs in the appeal be fixed at the amount of $4,750.00.']