WZASW v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCA 1401

WZASW v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCA 1401

The ground that the Tribunal failed to consider the 2011 Report does not establish jurisdictional error as the Tribunal was entitled to choose what material to consider and, in any event, the Tribunal had regard to submissions which referenced the Report. It was unnecessary for the Tribunal to mention every document. The rejection of further documents not put before the Tribunal was proper. No denial of natural justice or jurisdictional error was shown; thus, the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
28 August 2019
Procedural Posture
Appeal / Judgment After Hearing of Appeal
Outcome
Appeal dismissed with costs
Legal Topics
['judicial Review' 'country Information Assessment' 'natural Justice' 'jurisdictional Error']
['migration Law' 'administrative Law'] ['judicial Review' 'country Information Assessment' 'natural Justice' 'jurisdictional Error']

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Procedural Posture

Appeal / Judgment After Hearing of Appeal

Legal Issues

  1. 1 ['Whether the Tribunal failed to consider relevant country information (2011 Report) and thereby committed jurisdictional error' 'Whether the refusal to admit documents not before the Tribunal was in error' 'Whether there was a denial of natural justice or procedural fairness']

Ratio Decidendi

The ground that the Tribunal failed to consider the 2011 Report does not establish jurisdictional error as the Tribunal was entitled to choose what material to consider and, in any event, the Tribunal had regard to submissions which referenced the Report. It was unnecessary for the Tribunal to mention every document. The rejection of further documents not put before the Tribunal was proper. No denial of natural justice or jurisdictional error was shown; thus, the appeal is dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Leave is granted for the appellant to rely on the ground of appeal raised in his notice of appeal.' 'The appeal is dismissed.' 'The appellant must pay the costs of the first respondent, fixed in the sum of $4,000.']