BSD15 v Minister for Immigration and Border Protection [2020] FCA 477

FEDERAL COURT OF AUSTRALIA

BSD15 v Minister for Immigration and Border Protection [2020] FCA 477 Appeal from: BSD15 v Minister for Immigration & Anor [2019] FCCA 1597

File number: NSD 947 of 2019

Judge: KATZMANN J

Date of judgment: 15 April 2020

Catchwords: MIGRATION — application for protection visa — Sri Lankan Tamil allegedly targeted by Karuna Group and with imputed political opinion as supporter of LTTE — whether primary judge erred in various respects — where Tribunal found most claims lacked credibility and appellant had fabricated significant aspects of history — where Tribunal had expressly acknowledged requirement to take into account PAM 3 Refugee and humanitarian – Protection visas – Complimentary Protection Guidelines, whether primary judge erred in finding insignificant Tribunal's failure to advert to Guidelines in that part of decision relating to satisfaction of complementary protection criterion in s 36(2)(aa) of Migration Act 1958 (Cth) — whether Tribunal misunderstood concept of "significant harm" — whether primary judge erred in holding that Tribunal had not overlooked appellant's claim that he would be tortured on remand — whether Tribunal's conclusion that appellant unlikely to have been of continuing interest to authorities lacks an evident and intelligible justification or shows Tribunal failed to engage intellectually with claim of imputed political opinion as LTTE supporter — whether primary judge erred by treating allegation of bias as one of actual, rather than apprehended, bias PRACTICE AND PROCEDURE — whether leave should be granted to allow appellant to raise additional grounds mentioned in submissions filed on eve of hearing