CKL16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 918

FEDERAL COURT OF AUSTRALIA

CKL16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 918 Appeal from: CKL16 v Minister for Immigration and Border Protection [2019] FCCA 2184

File number: WAD 440 of 2019

Judge: JACKSON J

Date of judgment: 29 June 2020

Catchwords: MIGRATION - appeal from decision of Federal Circuit Court to dismiss an application for judicial review of a decision of the Immigration Assessment Authority (IAA) to affirm a decision by a delegate of the Minister to refuse to grant a protection visa to the appellant - Safe Haven Enterprise visa - citizen of Sri Lanka - unauthorised maritime arrival - leave sought to rely on three proposed additional grounds of appeal - leave to rely upon proposed grounds two and three granted - fourth proposed ground not raised before primary judge - unsatisfactory explanation and little merit to proposed ground - not in interests of justice to grant leave - leave denied - appeal dismissed MIGRATION - whether primary Judge erred in not finding that IAA applied the wrong test or asked itself the wrong question by assessing whether appellant fell within one of several 'profiles' from country information rather than assessing whether he had a well-founded fear of serious harm on return to Sri Lanka - reasonable basis in country information and material for IAA to make finding - IAA did not fail to consider appellant's own circumstances - IAA's approach not erroneous MIGRATION - whether primary Judge erred in not finding that IAA made a finding for which there was no evidence - finding was open to the IAA on the evidence - finding not illogical or irrational - whether primary Judge erred in finding that inquiries had not been made of or about the appellant by the Sri Lankan authorities since his departure - finding was incorrect - error did not deprive appellant of possibility of a successful outcome