BRGAA of 2007 v Minister for Immigration and Citizenship [2007] FCA 1950

FEDERAL COURT OF AUSTRALIA

BRGAA of 2007 v Minister for Immigration and Citizenship [2007] FCA 1950

MIGRATION – appeal from a decision of a Federal Magistrate reviewing a decision of the Refugee Review Tribunal – appellant's claims arise in respect of discrimination, harassment and threats to which he was subjected by the Israeli Special Forces over 12 years – whether Federal Magistrate erred in finding that the Tribunal had made jurisdictional error by failing to consider whether threats of disappearance and death made to the appellant could, by themselves, amount to serious harm – whether Federal Magistrate erred in deciding that threats of disappearance and death made to the appellant could not, by themselves, amount to serious harm – High Court decision in VBAO v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 54 – whether Federal Magistrate erred in failing to decide upon the argument that the Tribunal had made jurisdictional error by failing to consider whether physical harassment including detention and the pointing of a gun at the appellant could amount to serious harm Held: Appeal dismissed. The findings of the Tribunal that in this case the threats of disappearance and death made to the appellant did not amount to serious harm were open to it on the evidence. The Tribunal applied the correct test as to whether verbal threats could constitute serious harm and the Federal Magistrate was correct to find that no jurisdictional error arose in this respect. The Tribunal considered the appellant's claims individually and cumulatively in detail and in doing so considered whether physical harassment including detention and the pointing of a gun at the appellant could amount to serious harm. The Tribunal found that it could not and this finding was open to it. Even if the Federal Magistrate did not individually consider this issue no jurisdictional error arises.