DTW16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 356

DTW16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 356

Leave to appeal was refused because the applicants did not demonstrate sufficient doubt about the correctness of the Federal Circuit Court's discretionary decision or substantial injustice. The primary Judge's adverse credit findings were open on the evidence, the alleged fraud was not properly pleaded or proved, no error was shown in striking out the amended Points of Claim, and no error was apparent in the application of r 16.05(2)(c) of the Federal Circuit Court Rules 2001 (Cth).

Jurisdiction
Australia
Judgment Date
18 March 2020
Procedural Posture
Migration Application for Leave to Appeal From Federal Circuit Court Interlocutory Decision / Application for Leave to Appeal
Outcome
Application dismissed with costs.
Legal Topics
['leave to Appeal' 'interlocutory Decision' 'reinstatement of Proceedings' 'fraud Allegations' 'pleading Fraud' 'credit Findings' 'protection Visas' 'judicial Review']
['migration' 'administrative Law' 'civil Procedure'] ['leave to Appeal' 'interlocutory Decision' 'reinstatement of Proceedings' 'fraud Allegations' 'pleading Fraud' 'credit Findings' 'protection Visas' 'judicial Review']

Case Brief

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Procedural Posture

Migration Application for Leave to Appeal From Federal Circuit Court Interlocutory Decision / Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether leave should be granted to appeal from the Federal Circuit Court's interlocutory dismissal of the Second Reinstatement Application." 'Whether the primary Judge erred in finding that alleged fraud by Mr Kang, Ms Su or Agape was not properly pleaded or proved.' 'Whether the primary Judge erred in making adverse credit findings about the first applicant.' 'Whether the primary Judge erred in striking out the amended Points of Claim for failure to properly plead fraud.' 'Whether sufficient doubt as to the correctness of the Federal Circuit Court decision and substantial injustice were shown.']

Ratio Decidendi

Leave to appeal was refused because the applicants did not demonstrate sufficient doubt about the correctness of the Federal Circuit Court's discretionary decision or substantial injustice. The primary Judge's adverse credit findings were open on the evidence, the alleged fraud was not properly pleaded or proved, no error was shown in striking out the amended Points of Claim, and no error was apparent in the application of r 16.05(2)(c) of the Federal Circuit Court Rules 2001 (Cth).

Court Disposition

Application dismissed with costs.

Orders

  • ['The name of the First Respondent be amended to read "Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs".' 'The application be dismissed with costs.']