Evw18 v Minister for Home Affairs

Case

[2019] FCCA 504

4 March 2019


FEDERAL CIRCUIT COURT OF AUSTRALIA

EVW18 v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 504
Catchwords:
MIGRATION – Immigration Assessment Authority – application for a Safe Haven Enterprise visa – whether the Authority failed to invite the applicant to comment on new information – whether the Authority was required to accept the applicant’s claims – whether the Authority approached the review with an independent and impartial mind – whether the Authority failed to consider an integer of the applicant’s claims – no jurisdictional error made out – application dismissed.
Legislation:
Migration Act 1958 (Cth), ss. 5H, 5J, 36, 473CB, 473CC, 473DC, 473DD, 473DE, 476
Applicant: EVW18
First Respondent: MINISTER FOR HOME AFFAIRS
Second Respondent: IMMIGRATION ASSESSMENT AUTHORITY
File Number: SYG 2645 of 2018
Judgment of: Judge Street
Hearing date: 4 March 2019
Date of Last Submission: 4 March 2019
Delivered at: Sydney
Delivered on: 4 March 2019

REPRESENTATION

The Applicant appeared in person

Solicitors for the Respondents: Mr A Fisher
HWL Ebsworth

ORDERS

  1. The application is dismissed.

  2. The applicant pay the first respondent’s costs fixed in the amount of $7,467.00.

DATE OF ORDER: 4 March 2019

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2645 of 2018

EVW18

Applicant

And

MINISTER FOR HOME AFFAIRS

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

REASONS FOR JUDGMENT

  1. This is an application for a Constitutional writ within the Court’s jurisdiction under s 476 of the Migration Act 1958 (Cth) (“the Act”) in respect of a decision of the Immigration Assessment Authority (“the Authority”) made on 22 August 2018 under Part 7AA of the Act, affirming a decision of the delegate not to grant the applicant a Safe Haven Enterprise visa.

  2. The applicant was found to be a citizen of Sri Lanka and his claims were assessed against that country. The applicant arrived in Australia on 26 September 2012. The applicant applied for the Safe Haven Enterprise visa on 2 December 2015. The applicant claimed to fear harm from the authorities by reason of his Tamil ethnicity. The applicant also fears that he will be imputed with an adverse political opinion by the Sri Lankan government authorities and connected to the Liberation Tigers of Tamil Eelam (“LTTE”). The applicant also fears harm by reason of having departed Sri Lanka illegally and by reason of being photographed holding a weapon in public and attended a Tamils Martyrs’ Day celebration in Sydney in November 2017. The applicant also claims he was harassed, threatened, and physically assaulted by paramilitary groups, specifically members of the Karuna and Pillayan groups in Sri Lanka, and that members of these groups will harm or kill the applicant if he returns to Sri Lanka.

  3. On 22 July 2016, the delegate found the applicant failed to meet the criteria for the grant of a Safe Haven Enterprise visa.

  4. The applicant’s application for the visa was referred to the Authority, differently constituted, which made a decision on 11 October 2016, and that decision was set aside by the learned Barker J on 25 May 2018. The applicant was then informed that the matter had been referred back to the Authority for review. The applicant provided written submissions and information to the Authority as now constituted in respect of the adverse credibility findings that had been made as a result of inconsistencies between the entry interview and the information provided in support of his protection visa application.

  5. The applicant also provided, under cover of an email dated 25 July 2018, photographs which were identified as being new information and were alleged to be taken during the Tamils Martyr’s Day celebrations in Sydney in November 2014. The submission sought to explain why the applicant had not earlier disclosed this information.

  6. The Authority identified the background to the visa application and had regard to the material given by the Secretary under s 473CB of the Act. The Authority referred to the applicant providing two submissions to the Authority before the first decision was made and that the Authority has had regard to the same insofar as they engage with the delegate’s decision.

  7. The Authority then considered new information that was identified in the submission dated 25 August 2016 and expressly referred to the absence of explanation as to why the information could not have been provided to the delegate or why the new information is credible personal information that had it been known by the delegate, would have affected consideration of the applicant’s claims. It was in those circumstances that the Authority did not consider the new information met the requirement of exceptional circumstances to justify considering the same.

  8. The Authority referred to two other attachments. The delegate was not satisfied that the information was credible personal information and doubted there were not exceptional circumstances to justify considering the same.  The Authority referred to a letter from a reverend dated 23 July 2016 and found there were no exceptional circumstances to justify considering this new information. The Authority then referred to the second submission, dated 31 August 2016, including information about the club the applicant joined and the number of members in the club and his duties as president of the club. The Authority identified two new claims in that regard being the inconsistent claim specifically the new claim as to his activities and duties as president of the club. The Authority found there were not exceptional circumstances to justify consideration of that information.

  9. The Authority then identified receiving two further submissions subsequent to the decision of the Federal Court of Australia and to the extent that the same engaged with the information before the delegate, the Authority had regard to the same.

  10. The Authority expressly referred to the opportunity for the applicant to explain why there were inconsistencies in the evidence he provided in his 2013 and 2015 applications. The Authority was satisfied that there were exceptional circumstances to consider the arguments put forward by the applicant relating to his evidence and gave consideration to that new information. The Authority referred to there being country information that was not before the delegate and was not satisfied there were exceptional circumstances to justify considering that information. The Authority referred to new information in relation to the UN Committee Against Torture and considered that there were exceptional circumstances to justify considering that new information.

  11. The Authority referred to the second submission dated 25 July 2018 and the photographs that were taken after the delegate made the delegate’s decision and identified the same as being new information. The Authority did not accept the explanation as to why the applicant did not provide the information to the delegate that he attended the Martyr’s Day celebrations in previous years. The Authority found the new information in relation to the photographs was not credible personal information and did not meet the requirements of s 473DD of the Act to justify considering the same.

  12. The Authority also referred to taking into account more recent Department of Foreign Affairs and Trade country information dated 23 May 2018, and was satisfied that there were exceptional circumstances to justify considering the same.

  13. The Authority referred to the applicant’s claims and identified the relevant law. The Authority referred to the applicant providing inconsistent evidence in respect of incidents in respect of his role and position in the club in respect of the alleged year as the president, the timing of the attack on his father, the timing of the period the applicant claims to have been in hiding, the time period between when members of the Karuna group came to the applicant’s home and took his wallet and laptop and when his father went to complain to the police, and the events that occurred after the applicant agreed to attend a Karuna group meeting at the club.

  14. The Authority referred to having regard to the supporting letters from various people about his role at the club and found that they provided different evidence about what happened to the applicant, including in respect of the attendance at police stations and threats.

  15. The Authority identified having significant concerns about the applicant’s claims that he was photographed holding a gun at a public meeting of his club and that he witnessed three murders. The Authority expressly referred to having regard to the applicant’s submissions to the Authority about the previous differently constituted Authority’s findings relating to inconsistencies in the applicant’s evidence over time.

  16. The Authority was prepared to accept the applicant was a member of the club from about 2010. The Authority did not accept that the applicant was president but was prepared to accept that the applicant served on the club committee.

  17. The Authority referred to taking into account country information in relation to incidents of intimidation and violence occurring where the applicant was living in late 2009 in the lead-up to the January 2010 elections. The Authority was not satisfied that the applicant had a high profile or decision-making position in the club and found that the club, according to the applicant’s own evidence, had no political profile, and the Authority was not satisfied that the applicant was personally approached by members of the Karuna group to persuade other members in the club to allow them to conduct political meetings at the club.

  18. The Authority was not satisfied the applicant was approached as he described at the times he has variously described and the Authority was not satisfied the applicant was harassed, threatened, intimidated, detained, or seriously or significantly harmed in any way by members of the Karuna or Pillayan groups as he claimed at any time before his departure from Sri Lanka. The Authority did not accept the members of the Sri Lankan Freedom Party (“SLFP”) or Karuna Group came to his family home to pressure his father to force him to join the group or that they stole his wallet, ID documents and laptop, or threatened to frame him with a crime. The Authority was prepared to accept the applicant’s father was attacked but was not satisfied any attack on the applicant’s father had anything to do with the applicant’s refusal to cooperate with members of the Karuna group, SLFP or Pillayan group.

  19. The Authority did not accept that members of the Karuna group or SLFP forcibly made the applicant’s brothers work for them, or that one of the applicant’s brothers was abducted by such a group and detained. The Authority did not accept the applicant’s claims as to having gone into hiding for several months and then willingly went looking for his brother. The Authority did not accept that the applicant was in hiding or that he was detained, beaten, or physically harmed in any way by members of any paramilitary or political group in Sri Lanka prior to his departure.

  20. The Authority was not satisfied the applicant had an adverse profile with members of the Karuna or Pillayan group or any other paramilitary or political group in Sri Lanka prior to his departure, and the Authority found the applicant does not currently hold an adverse profile with any members of these groups. The Authority was satisfied the applicant had no adverse profile with the government authorities in Sri Lanka for reasons of any activities associated with the Karuna or Pillayan groups in the past.

  21. The Authority was satisfied there is no real chance the applicant would suffer serious harm from members of the Karuna or Pillayan groups or other paramilitary or political group or government authorities in Sri Lanka for reasons of his failure and/or willingness to cooperate with such groups or for any other reason.

  22. The Authority referred to the applicant’s evidence that he was photographed holding a weapon at a public meeting and did not find the same to be credible. The Authority referred to the applicant’s Tamil ethnicity and being from the Eastern province. The Authority was satisfied there is no real chance the applicant will suffer serious harm for reasons of his Hindu religion or for reasons of his Tamil ethnicity and Hindu religion cumulatively. The Authority was not satisfied the applicant will be imputed as having links to the LTTE for reasons of he attended the Tamil Martyr’s Feast celebrations in Sydney.

  23. The Authority referred to the applicant’s claims of fear of harm by reason of being a failed asylum seeker who departing Sri Lanka illegally. The Authority accepted that the applicant will be questioned as a consequence of departing Sri Lanka illegally. The Authority referred to country information and was satisfied that any questioning the applicant undergoes and/or brief period of detention and/or fine that he may have to pay on his return to Sri Lanka will not meet the standard of serious harm having regard to the definition of serious harm in s 5J(5) of the Act.

  24. The Authority was satisfied there is no real chance the applicant would suffer serious harm for reasons of his actual or imputed political opinion, and/or membership of a particular social group, that is, failed asylum seekers who departed Sri Lanka illegally. The Authority was not satisfied there is a real chance the applicant would suffer serious harm from the Sri Lankan authorities, or any other person or political group if he returns to Sri Lanka now or in the reasonably foreseeable future.

  25. The Authority found the applicant did not meet the requirements of the definition of refugee in s 5H(1) of the Act and found the applicant failed to meet the criteria in s 36(2)(a) of the Act.

  26. The Authority found there are not substantial grounds for believing that, as a necessary and foreseeable consequence of the applicant being returned from Australia to Sri Lanka, there is a real risk the applicant would suffer significant harm. The Authority found the applicant did not meet the criteria under s 36(2)(aa) of the Act and affirmed the decision under review.

Before this Court

  1. These proceedings were commenced on 19 September 2018. On 11 October 2018, a Registrar of the Court made orders giving the applicant an opportunity to put on an amended application affidavit of evidence and submissions. No such documents were filed.

  2. At the commencement of the hearing, the Court explained to the applicant the nature of the hearing and the applicant confirmed that he understood the nature of the hearing as explained by the Court.

  3. From the bar table, the applicant complained that the Authority had not invited him to attend a hearing or interview to explain the inconsistencies between his arrival interview and his protection visa interview. It is apparent that on the face of the material before the Court that the applicant was given an opportunity to put on submissions and new information both to the original Authority as formerly constituted and further after the remittal back of the proceedings to the Authority as now constituted.

  4. It is apparent that the applicant did put on submissions expressly addressing the issue of inconsistencies between the arrival interview and the Safe Haven Enterprise visa interview. It is also apparent from the Authority’s reasons that the Authority took into account in its reasons the submissions that were advanced in relation to those inconsistencies and expressly referred to the same in paragraph 34, as well as the earlier reference to the submissions. In those circumstances, the absence of express reference or expressed consideration to the exercise of the powers under s 473DC(3) of the Act cannot be said to lack an evident and intelligible justification, as the applicant had had an opportunity to address the inconsistencies and in fact had done so in the applicant’s submissions, which were taken into account by the Authority. There is no basis to find that there was legal unreasonableness in the failure of the Authority to exercise the power under 473DC(3) of the Act.

  5. In this regard, the Court has taken into account Part 7AA of the Act and the obligation under s 473CC of the Act to review the decision, and the exclusion of the natural justice hearing rule subject to the provisions of Division 3 in respect of the conduct of the review, and in particular the absence of a duty to get a request or accept new information, and the obligation under s 473DB of the Act subject to Part 7AA to consider the review material without accepting or requesting the information without interviewing the referred applicant. Notwithstanding the applicant’s disagreement with the failure to interview the applicant, the Authority was not bound by Part 7AA of the Act to interview the applicant, and for the reasons given, no jurisdictional error arises in the circumstance of the present case by reason of the failure to exercise the power under s 473DC(3) of the Act to invite the applicant to give further information or to an interview.

  6. The applicant also referred to having provided photographs to the Authority. Those photographs were identified as being new information by the Authority and were referred to in paragraph 16, and the subject of consideration by the Authority in paragraphs 17, 18, and 19, and a finding that the new information in relation to the attendance at the Martyrs Day celebrations did not meet the requirements of s 473DD of the Act. The Authority’s reasons for not considering new information make express reference to both limbs of s 473DD(b) of the Act. There is no basis for the Court to find that the Authority adopted an erroneously narrow meaning of the meaning of exceptional circumstances or failed to have regard to the whole of s 473DD if the Act in determining whether the new information met the requirements of s 473DD of the Act. No jurisdictional error arises by reference to the applicant’s submissions in that regard.

  7. The applicant also referred to the information in support of his role as president of the sports club. That information, insofar as it identified his senior role in activities, was the subject of consideration by the Authority under s 473DD of the Act in paragraphs 10 to 11. On the face of the Authority’s reasons, the Authority did not adopt an erroneously narrow meaning of exceptional circumstances or fail to have regard to the whole of the reasons of s 473DD of the Act in holding that the new information in that regard did not meet the requirements of s 473DD of the Act. No jurisdictional error arises in relation to anything said by the applicant from the bar table.

The grounds

  1. The grounds in the application are as follows:

    1. The Immigration Assessment Authority (hereinafter referred to 'IAA') acted unreasonably and denied the applicant procedural fairness in not exercising its power, and not considering whether to exercise its power under s 473DC(3) to obtain further information and invite the applicant to comment on the new information 23 May 2018 of the Department of Foreign Affairs and Trade (DF AT) orally or in writing before it made its decision.

    Particulars

    a) The IAA failed to afford an opportunity to the applicant inviting him to comment about the Department of Foreign Affairs and Trade (DFAT) country report for Sri Lanka which was published on 23 May 2018. The IAA stated in [paragraph 21] that “I have obtained new information, specifically information on the treatment6 of Sri Lankans of Tamil ethnicity and citizens who have departed Sri Lanka illegally and sought asylum abroad from the most recent Department of Foreign Affairs and Trade (DFAT) country report for Sri Lanka which was published on 23 May 2018. And this DFAT report for Sri Lanka was only published after the delegate's decision, The IAA said, "I am satisfied that there are exceptional circumstances to justify considering this new information" [at para 21].

    b) The IAA would have considered that the above information contained in the said report 23 May 2018 in relation to the political situation in Sri Lanka, the security situation in Sri Lanka, incidence of extra-judicial killings, disappearances and abduction for ransom, torture, and prisons conditions that are of general application to people in Sri Lanka and extracts from the said DFAT Report of the relevant paragraphs should have been attached to the invitation to comment by the applicant was crucial before making a decision.

    c) The Immigration Assessment Authority’s reviewer B Mericourt failed to distinguish the application’s referred-application in the circumstances different to usual referral by the delegate of the Minister for Immigration and Border Protection endorsing he decision of the previous decision dated 11 October 2016 "I am therefore satisfied there is no real chance the applicant will suffer serious harm from Sri Lankan Authorities, or any person or political group if he returns to Sri Lanka now or in the reasonably foreseeable future" [at para 64] of its said decision.

    d) These circumstances constituted a constructive failure to exercise its jurisdiction, as the IAA failed to afford the applicant an opportunity inviting him to comment on the said DF AT report before it made a decision. The IAA in these circumstances afforded some other referred applicants to comment about the said DFAT report for Sri Lanka before it made the decision.

    2. The Immigration Assessment Authority ("the IAA") found that there were inconsistencies and implausibilities in parts of the applicant's claims. In the circumstances, in relation to the claims which the IAA did not accept, it was necessary for the IAA to take into account the possibility that those events claimed by the applicant occurred: see Minister v Rajalingam (1999) 93 FCR 220. The IAA fell into jurisdictional error in making some of these findings.

    3. The Immigration Assessment Authority ("the IAA'') found that there were inconsistencies and implausibility in parts of the applicant's claims. In the circumstances, in relation to the claims which the IAA did not accept, it was necessary for the IAA to take into account the possibility that those events claimed by the applicant occurred: see Minister v Rajalingam (1999) 93 FCR 220. The IAA fell into jurisdictional error in making some of these findings.

    a) It is evident the said reviewer B Mericourt's state of mind so committed to a conclusion already formed in view of the previous decision made by IAA on 11 October 2016 as to be incapable of alteration, despite the evidence and arguments presented by the applicant stating as implausible every claim that there is a real chance of risk that the applicant would be subjected to serious or significant harm on his return to Sri Lanka.

    b) Assessing the credibility of past and present events is an important aspect of assessing a claim, because the referred-applicant was already being subjected to persecution and torture and serious harm makes it clear that this will be a serious indication of a well-founded fear of persecution or real risk of suffering serious harm, unless there is good reason to believe that such ill-treatment will not be repeated. The available overwhelming country information of Sri Lanka human rights situation does not support such torture and ill-treatment will not be repeated by his persecutors to the applicant. This was a jurisdictional error.

    c) The IAA reviewer B Meri court failed to appreciate the level of proof needed to establish the material facts is relatively low one-a reasonable degree of likelihood-and must be borne in mind throughout the process. It is low because of what is potentially at stake –the individual's life or liberty-because asylum seekers are unlikely to be able to compile and carry dossiers of evidence out of the country of persecution.

    d) The IAA reviewer B Mericourt should have found that the delegate's assessment indicates that he needs to be 'certain', 'convinced', or even 'satisfied' of the truth of the account-that sets too high a standard of proof. See in reviewing material facts, the Court of Appeal judgement in Karanakaran v Secretary of State for the Home Department [2000] EWCA Civll (25 January 2000).

    e) The IAA reviewer B Mericourt should have considered a claimant's testimony may include lies or exaggerations for a variety of reasons, not all of which need reflect adversely on other areas. Depending on their relevance to the totality of the evidence, falsehood will be troubling but do not mean that everything the claimant has said must be dismissed as unreliable: MA (Somalia) v Secretary of State for the Home Department [2010] UKSC 49 (24 November 2010).

    a) In any event it was a response to a tendency to reinstate the previous IAA's decision dated 11 October 2016 and the reasoning which suggest to the disinterested observer an enthusiasm to reject the applicant's claims which may not be wholly warranted.

    4. The IAA erred in law in failing to respond to the appellant's claim to fear of significant harm in Sri Lanka prisons by reason of being imprisoned on pre-trial remand for up to two weeks.

    Particulars

    a) The said that "As the applicant departed Sri Lanka illegally and would possibly be returned involuntarily, I accept that he would likely be investigated and detained for up to a few days by the Sri Lankan authorities on his arrival at" at [para 73].

    b) The IAA's findings in respect of the applicant's claim for a protection visa on the complementary protection ground ins 36(2)(aa) of the Migration Act 1958 (Cth) in contrast to the Refugees Convention ground ins 36(2)(a). The IAA did not deal with the applicant's case of torture whilst in remand detention under the complementary protection provisions.

    c) The IAA also did not properly deal with the Pre-Trial Remand Claim in considering the applicant’s claim for a protection visa on the complementary protection ground. Where the Tribunal fails to deal with a claim expressly articulated by an applicant, this is a jurisdictional error: NABE v Minister for Immigration & Multicultural & Indigenous Affairs 144 FCR 1 at [55]-[63]. Therefore, the IAA committed a jurisdictional error.

Ground 1

  1. In relation to ground 1, the applicant complains that the Authority did not invite the applicant to respond to the country information, being the new country information taken into account by the Authority. The Authority identified that the updated report identified that circumstances had changed in Sri Lanka since the country information report published in 2015 used by the delegate to make his decision.

  2. It is apparent from the Authority’s reasons that the applicant was given an opportunity to put on new information and submissions, and the applicant in fact did so. There is no suggestion that the country information in the present case of May 2018 raised a new issue of the kind in respect of which the applicant had no opportunity to address the same. The absence of express consideration by the Authority to exercise the power in s 473DC(3) of the Act in respect of the updated country information cannot be said to lack an evident and intelligible justification.

  3. In that regard, the Authority expressly referred to the same being updated country information and the Court takes into account s 473DE(3)(a) of the Act in that regard. There is no legal unreasonableness or relevant denial of procedural fairness by reason of the Authority failing to invite the applicant to comment about the updated country information. There is no constructive failure by the Authority to conduct the review required under Part 7AA of the Act by reason of the absence of invitation to the applicant to comment on the updated country information report. No jurisdictional error as alleged in ground 1 is made out.

Ground 2

  1. In relation to ground 2, the applicant’s submission refers to the Authority identifying inconsistencies in the applicant’s claims and implausibility’s. Those inconsistencies were acknowledged by the applicant and indeed, addressed by the applicant in the applicant’s submissions to the reconstituted Authority. The Authority clearly took into account those submissions, but rejected the explanation advanced. It was open to the Authority to do so, and the assertion that the Authority had to take into account the possibility that those events claimed by the applicant had occurred is erroneous. The Authority’s reasons do not reflect doubt in the adverse findings. No jurisdictional error as alleged in ground 2 is made out.

Ground 3

  1. Ground 3, insofar as it repeats ground 2, fails to make out any jurisdictional error for the reasons already identified. Insofar as it is asserted that the Authority did not bring an open mind to the determination of the applicant’s review application on the merits, there is no basis for that contention. The adverse findings by the Authority are not conduct by reason of which a fair-minded lay observer might reasonably apprehend that the Authority might not bring an independent and impartial mind to the determination of the matter on its merits.

  2. On the face of the Authority’s reasons, referring to the submissions both to the differently constituted Authority and the currently constituted Authority and the analysis of the same, supports the finding that the Authority conducted the review with an open mind reasonably capable of persuasion as to the merits. No case of bias is alleged or apprehended bias is made out.

  3. It was open to the Authority to take into account the inconsistencies and to make adverse findings in respect of the applicant’s claims for the reasons given by the Authority as summarised above. The applicant’s disagreement with the adverse findings otherwise in substance reflect an invitation to this Court to engage in merits review. This Court has no power to review the merits. No jurisdictional error is made out by ground 3.

Ground 4

  1. In relation to ground 4, the Authority expressly considered the applicant’s claim to fear harm by reason of being imprisoned on pre-trial remand for departing Sri Lanka and for being a returned asylum seeker and referred to the applicant being the subject of questioning by the Sri Lankan upon return. The Authority had found that the applicant did not have a profile with the Sri Lankan authorities, but accepted that the applicant would be questioned. The Authority took into account country information and was satisfied that the questioning that the applicant would undergo any brief period of detention and any fine the applicant may have to pay does not meet the standard of serious harm within the meaning of s 5J(5) of the Act.

  2. The Authority also expressly considered the applicant’s claims cumulatively in its reasons in holding that the applicant did not meet the requirements of the definition of refugee or the criteria in s 36(2)(a) of the Act. In relation to complementary protection, the Authority referred to the findings that have been made under the Refugees Convention and took into account the conditions to which the applicant would be subjected and was not satisfied that it amounted to cruel, inhumane, or degrading treatment.

  3. The Authority found the applicant was likely to be detained for a brief period and was not satisfied that the exposure to such conditions for a limited period reaches the threshold required to amount to torture or cruel inhumane treatment or punishment. In those circumstances, the Authority found that the detention did not amount to significant harm within the meaning of section 36(2A) of the Act. The Authority found, considering the treatment as a whole, the Authority was not satisfied it amounts to significant harm. There is no failure by the Authority to consider the applicant’s claims as alleged in ground 4.

  4. The Authority expressly referred to finding that the conditions did not amount to torture and took into account expressly s 36(2A) and s 5(1) of the Act. There is no basis to find that the Authority failed to deal with a clearly articulated claim. It is apparent that the authorities did deal with the applicant’s claims and made dispositive adverse findings that were open to the Authority for the reasons given by the Authority. No jurisdictional error as alleged in ground 4 is made out.

Conclusion

  1. No jurisdictional error as alleged in the application is made out. Nothing said by the applicant identifies any jurisdictional error. Accordingly, the application is dismissed.

I certify that the preceding forty-six (46) paragraphs are a true copy of the reasons for judgment of Judge Street

Date: 11 April 2019