DMF16 v Minister for Immigration and Border Protection [2019] FCA 1953

DMF16 v Minister for Immigration and Border Protection [2019] FCA 1953

The grounds of appeal did not identify any error on the part of the primary judge or jurisdictional error by the Tribunal, as the Tribunal considered all relevant claims, gave reasoned findings, and complied with legal procedural requirements. Therefore, the appeal was dismissed.

Parties
First Appellant: DMF16; Second Appellant: DMG16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
21 November 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Jurisdictional Error, Apprehension of Bias, Credibility Findings, Procedural Fairness, Protection Visas
Administrative Law Migration Law Constitutional Law Human Rights Judicial Review Jurisdictional Error Apprehension of Bias Credibility Findings +2 more

Case Brief

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Parties

DMF16

First Appellant

DMG16

Second Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal's decision was affected by jurisdictional error
  2. 2 Whether apprehension of bias was present
  3. 3 Whether adverse credibility findings were legally unreasonable

Ratio Decidendi

The grounds of appeal did not identify any error on the part of the primary judge or jurisdictional error by the Tribunal, as the Tribunal considered all relevant claims, gave reasoned findings, and complied with legal procedural requirements. Therefore, the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellants pay the first respondent's costs of the appeal.