AYI18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1893

AYI18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1893

The appeal was dismissed because the ground advanced had no reasonable prospects of success in light of the Full Court's decision in BJI17, which held that preference by the Immigration Assessment Authority for certain material over other conflicting information, absent illogicality or irrationality, is not a jurisdictional error. Leave to raise an issue not argued below was refused.

Jurisdiction
Australia
Judgment Date
13 November 2020
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court Dismissing Judicial Review
Outcome
Appeal dismissed. Leave to raise new issue refused.
Legal Topics
['judicial Review' 'unreasonableness' 'visa Refusal' 'appellate Practice']
['migration Law' 'administrative Law'] ['judicial Review' 'unreasonableness' 'visa Refusal' 'appellate Practice']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court Dismissing Judicial Review

Legal Issues

  1. 1 ['Whether the Immigration Assessment Authority erred in law by failing to make a reasonable choice between conflicting information' 'Whether it was an error to decline to consider a ground of appeal not argued below']

Ratio Decidendi

The appeal was dismissed because the ground advanced had no reasonable prospects of success in light of the Full Court's decision in BJI17, which held that preference by the Immigration Assessment Authority for certain material over other conflicting information, absent illogicality or irrationality, is not a jurisdictional error. Leave to raise an issue not argued below was refused.

Court Disposition

Appeal dismissed. Leave to raise new issue refused.

Orders

  • ['The appellants be refused leave to raise the issue specified in the ground of appeal.' 'The appeal be dismissed.' "The first and second appellants pay the first respondent's costs of and incidental to the appeal to be fixed by a Registrar if not agreed."]