BSW17 v Minister for Immigration and Border Protection [2018] FCA 141

BSW17 v Minister for Immigration and Border Protection [2018] FCA 141

The application for leave to appeal was refused as there was no arguable error demonstrated in the Federal Circuit Court's dismissal of the judicial review application; the grounds raised by the applicants merely reflected disagreement with adverse credibility findings and conclusions on the evidence, and did not disclose jurisdictional error or procedural unfairness. The Tribunal's findings were open on the evidence, and both courts applied the correct legal principles.

Jurisdiction
Australia
Judgment Date
19 February 2018
Procedural Posture
Application for Leave to Appeal (migration/judicial Review) / Leave to Appeal From Dismissal at Show Cause Hearing
Outcome
Application for leave to appeal dismissed; costs ordered to first respondent
Legal Topics
['judicial Review' 'refugee Status Determination' 'credibility Assessment' 'jurisdictional Error' 'procedural Fairness' 'prospects of Appeal']
['migration Law' 'administrative Law'] ['judicial Review' 'refugee Status Determination' 'credibility Assessment' 'jurisdictional Error' 'procedural Fairness' 'prospects of Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal (migration/judicial Review) / Leave to Appeal From Dismissal at Show Cause Hearing

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from dismissal of judicial review application at a show cause hearing under r 44.12 of the Federal Circuit Court Rules 2001 (Cth)' "Whether the Federal Circuit Court erred in finding no arguable case for relief or jurisdictional error in the Tribunal's decision refusing a protection visa" 'Whether the Tribunal’s findings on applicant credibility and harm were tainted by error or procedural unfairness']

Ratio Decidendi

The application for leave to appeal was refused as there was no arguable error demonstrated in the Federal Circuit Court's dismissal of the judicial review application; the grounds raised by the applicants merely reflected disagreement with adverse credibility findings and conclusions on the evidence, and did not disclose jurisdictional error or procedural unfairness. The Tribunal's findings were open on the evidence, and both courts applied the correct legal principles.

Court Disposition

Application for leave to appeal dismissed; costs ordered to first respondent

Orders

  • ['The application is dismissed.' 'The applicants are to pay the costs of the first respondent as agreed or assessed.']