BSP17 v Minister for Immigration and Border Protection [2018] FCA 1824

BSP17 v Minister for Immigration and Border Protection [2018] FCA 1824

The applicants failed to discharge the onus of establishing that leave to appeal should be granted, as they did not identify any appellable error or jurisdictional error, but merely sought a reconsideration of the factual merits, which is not the statutory function of the Court on appeal from the Federal Circuit Court.

Jurisdiction
Australia
Judgment Date
26 November 2018
Procedural Posture
Application for Leave to Appeal / Judgment of Application for Leave to Appeal
Outcome
Application for leave to appeal refused and proceeding dismissed.
Legal Topics
['judicial Review of Migration Decisions' 'leave to Appeal' 'interlocutory Decisions' 'costs']
['administrative Law' 'immigration Law'] ['judicial Review of Migration Decisions' 'leave to Appeal' 'interlocutory Decisions' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal / Judgment of Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from an interlocutory decision of the Federal Circuit Court rejecting an application for judicial review of a migration decision' "Whether any appellable error or jurisdictional error was established in the primary judge's decision"]

Ratio Decidendi

The applicants failed to discharge the onus of establishing that leave to appeal should be granted, as they did not identify any appellable error or jurisdictional error, but merely sought a reconsideration of the factual merits, which is not the statutory function of the Court on appeal from the Federal Circuit Court.

Court Disposition

Application for leave to appeal refused and proceeding dismissed.

Orders

  • ['The Application for Leave to Appeal is refused.' 'The proceeding is dismissed.' 'The First and Second Applicants are to pay the costs of the First Respondent, either as agreed or assessed.']