SZVXU v Minister for Immigration and Border Protection [2018] FCA 1257

SZVXU v Minister for Immigration and Border Protection [2018] FCA 1257

The appeal was dismissed because the Tribunal provided the appellant ample opportunity to respond to propositions regarding relocation and properly considered the risk of harm in Beirut; no jurisdictional error was established. The new grounds on appeal lacked merit, and there was no adequate explanation for failing to raise them below, so leave to rely on them was refused.

Parties
Appellant: SZVXU; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
22 August 2018
Procedural Posture
Appeal / Federal Court Appeal From Federal Circuit Court Decision
Outcome
Appeal dismissed with costs. Leave given to rely on one affidavit; leave to amend notice of appeal refused.
Legal Topics
Natural Justice, Procedural Fairness, Internal Relocation, Jurisdictional Error, Protection Visa, Failure to Consider Evidence
Migration Law Administrative Law Natural Justice Procedural Fairness Internal Relocation Jurisdictional Error Protection Visa Failure to Consider Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

SZVXU

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Federal Court Appeal From Federal Circuit Court Decision

Legal Issues

  1. 1 Whether the Tribunal denied the appellant procedural fairness in relation to his opportunity to address internal relocation
  2. 2 Whether new grounds of appeal can be raised based on claims not ventilated below
  3. 3 Whether the Tribunal failed to consider relevant evidence of harm in Beirut

Ratio Decidendi

The appeal was dismissed because the Tribunal provided the appellant ample opportunity to respond to propositions regarding relocation and properly considered the risk of harm in Beirut; no jurisdictional error was established. The new grounds on appeal lacked merit, and there was no adequate explanation for failing to raise them below, so leave to rely on them was refused.

Court Disposition

Appeal dismissed with costs. Leave given to rely on one affidavit; leave to amend notice of appeal refused.

Orders

  • The appellant has leave to rely upon the affidavit of Mr Sarkis 29 July 2015 on the hearing of the appeal.
  • Leave to amend the Notice of Appeal is refused.