CTY15 v Minister for Immigration - [2017] FCCA 282

FEDERAL CIRCUIT COURT OF AUSTRALIA

CTY15 & ORS v MINISTER FOR IMMIGRATION & ANOR

[2017] FCCA 282

Catchwords:
MIGRATION – Migration Act 1958 (Cth) – Protection visa applications – judicial review of adverse decision of Administrative Appeals Tribunal to refuse Protection visas – no jurisdictional error – Application to this Court dismissed with costs.

Legislation:

Migration Act 1958 (Cth), ss.36, 65, 477

Federal Circuit Court Rules 2001 (Cth)

Cases cited:

Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473

Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225
Applicant NABD of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 216 ALR 1
Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293

CLI15 v Minister for Immigration and Border Protection [2016] FCA 1223

Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559
Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431
Minister for Immigration and Border Protection v SZSCA (2014) 254 CLR 317
MZZTW v Minister for Immigration and Border Protection [2015] FCA 475
SZTAL v Minister for Immigrationand Border Protection [2016] FCAFC 69

First Applicant:

CTY15

Second Applicant:

ADM15

Third Applicant:

ADN15

First Respondent:

MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent:

ADMINISTRATIVE APPEALS TRIBUNAL

File Number:

SYG 3482 of 2015

Judgment of:

Judge Dowdy

Hearing date:

1 June 2016

Date of Last Submission:

10 June 2016

Delivered at:

Sydney

Delivered on:

23 February 2017

REPRESENTATION

Counsel for the Applicants:

Mr J Williams of Counsel.

Solicitors for the Applicants:

Halas Lawyers.

Counsel for the Respondents:

Mr H P T Bevan.

Solicitors for the Respondents:

DLA Piper.

THE ORDERS OF THE COURT ARE AS FOLLOWS

Vary Order 1 of the Consent Orders made by the Court on 15 January 2016 to substitute the date of “17 December 2015” for “16 December 2015”.
The Application filed in this Court on 17 December 2015 is dismissed with costs.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3482 of 2015

CTY15

First Applicant

ADM15

Second Applicant

ADN15

Third Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Introduction

The First Applicant (CTY15) is a male citizen of Iran aged 33 years, having been born on 3 January 1984.
The Second Applicant (ADM15 or wife) is a female citizen of Iran aged 29 years, having been born on 6 September 1987, and is the wife of CTY15.
The Third Applicant (ADN15 or son) is the son of CTY15 and ADM15 and is aged 6 years, having been born on 9 January 2011.
By Application filed in this Court on 17 December 2015 the First, Second and Third Applicants (collectively the Applicants) seek to quash and have redetermined a decision of the Second Respondent, the Administrative Appeals Tribunal (the Tribunal) dated 6 November 2015 affirming two decisions of a Delegate (Delegate) of the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read CTY15 v Minister for Immigration and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2017] FCCA 282
Decision Date: 23 February 2017

CaseChat Overview and Summary

In CTY15 v Minister for Immigration, the applicant, CTY15, sought judicial review of a decision made by the Minister for Immigration. The dispute concerned the Minister's refusal to grant the applicant a visa. The matter was heard before Judge Dowdy in the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the Minister's decision to refuse the visa was affected by jurisdictional error. Specifically, the Court was required to consider whether the delegate of the Minister had failed to take into account a mandatory consideration, namely, the applicant's claims regarding protection from persecution.

Judge Dowdy reasoned that the delegate's assessment of the applicant's claims had been flawed. The delegate had, in the Court's view, failed to adequately consider the evidence presented by the applicant concerning the risk of persecution. This failure amounted to a jurisdictional error, as it meant the delegate had not properly exercised the power conferred by the relevant legislation. The Court applied the principles established in cases concerning the proper assessment of protection claims, emphasizing the obligation to consider all relevant information.

Consequently, the Court found in favour of the applicant, quashing the Minister's decision. The matter was remitted to the Minister for redetermination according to law.

Orders