AOJ15 v Minister for Immigration and Border Protection [2017] FCA 675

Procedural Posture

Appeal From the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Tribunal Decision Affirming Refusal of Protection (class Xa) Visas / Appeal Dismissed

Legal Issues

1. 1 ['Whether the primary judge failed to consider the grounds of the judicial review application.' 'Whether the Tribunal failed to comply with ss 424, 424AA or 424A of the Migration Act 1958 (Cth).' 'Whether the primary judge erred by making a lump sum costs order without itemised bills.' 'Whether the Tribunal failed to assess documentary evidence and oral submissions provided by the appellants.' 'Whether the Tribunal was required to give the appellants an opportunity to respond to country information considered in its decision.']

Ratio Decidendi

The appeal was dismissed because the appellants did not demonstrate error in the Federal Circuit Court decision. The primary judge had considered the review grounds; the Tribunal's adverse findings were based on material provided by the appellants, oral evidence and credibility findings rather than undisclosed information requiring action under ss 424A or 424AA; the reliance on s 424 was misconceived; the Federal Circuit Court had power to make a lump sum costs order without itemised bills; and the proposed new grounds about documentary evidence, oral submissions and country information either lacked substance or did not warrant leave.

Court Disposition

Appeal dismissed

Orders

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