AZK18 v Minister for Immigration

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FEDERAL CIRCUIT COURT OF AUSTRALIA

AZK18 & ORS v MINISTER FOR IMMIGRATION & ANOR [2019] FCCA 2503
Catchwords:
MIGRATION – Review of Immigration Assessment Authority decision – refusal of protection visas – applicants claiming a fear of harm in Sri Lanka – applicants’ fears found not to be well-founded – whether the Authority failed to properly consider an integer of the applicants’ claims, or failed to engage in an active intellectual process, or made an irrational decision in respect of the child applicants, or erred in determining the receiving country for one of the child applicants or erred in considering the impact of detention considered – no jurisdictional error.

Legislation:

Migration Act 1958 (Cth), s.36

Cases cited:

Applicant WAEE v Minister for Immigration (2003) 75 ALD 630
Buadromo v Minister for Immigration[2017] FCA 1592
Carrascalao v Minister for Immigration (2017) 252 FCR 352
Dranichnikov v Minister for Immigration [2003] HCA 26

FER17 v Minister for Immigration[2019] FCAFC 106
Hossain v Minister for Immigration (2018) 359 ALR 1
Htun v Minister for Immigration [2001] FCA 1802

Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40
Minister for Home Affairs v Buadromo (2018) 362 ALR 48
Minister for Immigration v Anthonypillai [2001] FCA 274
Minister for Immigration vSZGUR (2011) 241 CLR 594
Minister for Immigration v SZIAI [2009] HCA 39
Minister for Immigration v SZRKT (2013) 212 FCR 99
Minister for Immigration v SZSRS(2014) 309 ALR 67
Minister for Immigration v Wu Shan Liang (1996) 185 CLR 259
Minister for Immigration v WZAPN; WZARV v Minister for Immigration (2015) 254 CLR 610
NABE v Minister for Immigration (No.2) (2004) 144 FCR 1
NACP v Minister for Immigration [2003] FCA 499

Re Minister for Immigration; Ex parte Miah (2001) 206 CLR 57
Swift v SAS Trustee Corporation[2010] NSWCA 182

First Applicant: AZK18
Second Applicant: AZL18
Third Applicant: AZM18
Fourth Applicant: AZN18
Fifth Applicant: AZO18
First Respondent: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS
Second Respondent: IMMIGRATION ASSESSMENT AUTHORITY
File Number: SYG 550 of 2018
Judgment of: Judge Driver
Hearing date: 5 September 2019
Delivered at: Sydney
Delivered on: 27 September 2019

REPRESENTATION

Solicitors for the Applicant: Mr S Tambimuttu of Hodges Legal
Counsel for the Respondents: Ms K Hooper
Solicitors for the Respondents: Minter Ellison

ORDERS

  1. The application as amended on 16 August 2019 is dismissed.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 550 of 2018

AZK18

First Applicant

AZL18

Second Applicant

AZM18

Third Applicant

AZN18

Fourth Applicant

AZO18

Fifth Applicant

And

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

REASONS FOR JUDGMENT

Introduction and background

  1. The applicants seek judicial review of a decision of the Immigration Assessment Authority (Authority) made on 8 February 2018.  The Authority affirmed a decision of a delegate of the Minister (delegate) not to grant the applicants protection visas.

  2. The following statement of background facts is derived from the submissions of the parties.

  3. The five applicants are a husband (first…

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Details
Case
[2019] FCCA 2503
Decision Date

CaseChat Overview and Summary

The applicants, AZK18 and others, sought judicial review of a decision by the Immigration Assessment Authority (IAA) to refuse their applications for protection visas. The applicants, who were citizens of Sri Lanka, claimed they feared harm if returned to their country of origin. The IAA had found that their fears were not well-founded. The matter came before Judge Driver in the Federal Circuit and Family Court of Australia.

The central legal issues before the court were whether the IAA had committed jurisdictional error. Specifically, the applicants alleged that the Authority failed to properly consider an integer of their claims, did not engage in an active intellectual process in its assessment, made an irrational decision concerning the child applicants, erred in determining the receiving country for one of the child applicants, or made an error in considering the impact of detention.

Judge Driver found no jurisdictional error on the part of the IAA. The court's reasoning focused on whether the IAA's decision-making process met the required legal standards. The Authority was found to have adequately considered the claims made by the applicants, including those relating to the child applicants, and to have engaged in an appropriate intellectual process in reaching its conclusions. The determination of the receiving country and the consideration of detention impacts were also found to be within the Authority's powers and not indicative of jurisdictional error.

Consequently, the applications for judicial review were dismissed.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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