WZAQR v Minister for Immigration and Border Protection [2013] FCAFC 122

WZAQR v Minister for Immigration and Border Protection [2013] FCAFC 122

The Assessor dealt with the claim that the appellant would be persecuted as a failed asylum seeker and made findings on the likelihood of harm which encompassed any risk arising both in outcome and process, implicitly including investigation upon return. No legal error or jurisdictional error was established as the facts did not support a real chance of serious harm.

Jurisdiction
Australia
Judgment Date
04 November 2013
Procedural Posture
Appeal / Judgment on Appeal From the Federal Circuit Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugees Convention' 'judicial Review' 'jurisdictional Error' 'procedural Fairness']
['migration'] ['protection Visa' 'refugees Convention' 'judicial Review' 'jurisdictional Error' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From the Federal Circuit Court of Australia

Legal Issues

  1. 1 ["Whether the Independent Protection Assessor failed to consider an integer of the appellant's claims" 'Whether the Assessor asked the wrong legal question' "Whether there was legal error in the Assessor's assessment of the risk of persecution upon return to Iran"]

Ratio Decidendi

The Assessor dealt with the claim that the appellant would be persecuted as a failed asylum seeker and made findings on the likelihood of harm which encompassed any risk arising both in outcome and process, implicitly including investigation upon return. No legal error or jurisdictional error was established as the facts did not support a real chance of serious harm.

Court Disposition

Appeal dismissed with costs.

Orders

  • ["The name of the first respondent be amended to 'Minister for Immigration and Border Protection'." 'The appeal be dismissed, with costs.']