CIC19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 110

CIC19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 110

Leave to appeal was refused because the primary judge's decision was not attended by sufficient doubt. The applicants did not show error in the finding that the substantive judicial review application had no reasonably arguable prospects of success, did not identify judicially reviewable error in the Tribunal's adverse credibility findings or assessment of the protection claims, and did not provide any basis to doubt the primary judge's conclusions about notice of the court date or preparation time.

Jurisdiction
Australia
Judgment Date
11 February 2020
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal From Orders of the Federal Circuit Court of Australia Dismissing an Application to Reinstate an Application for Judicial Review of a Tribunal Decision Affirming Refusal of Protection Visas
Outcome
Application for leave to appeal dismissed, with costs.
Legal Topics
['protection Visas' 'judicial Review' 'application for Reinstatement' 'leave to Appeal' 'adverse Credibility Findings' 'non Appearance at First Court Date']
['migration' 'administrative Law'] ['protection Visas' 'judicial Review' 'application for Reinstatement' 'leave to Appeal' 'adverse Credibility Findings' 'non Appearance at First Court Date']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal From Orders of the Federal Circuit Court of Australia Dismissing an Application to Reinstate an Application for Judicial Review of a Tribunal Decision Affirming Refusal of Protection Visas

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Circuit Court's refusal to reinstate the judicial review application" "Whether the primary judge's decision was attended by sufficient doubt to warrant reconsideration" "Whether the applicants showed error in the primary judge's conclusion that the substantive judicial review application had no reasonably arguable prospects of success" "Whether the Tribunal failed to consider the first applicant's claims about seeking justice for his father's death and perceived political opinion" 'Whether the Tribunal failed to take evidence from the second applicant']

Ratio Decidendi

Leave to appeal was refused because the primary judge's decision was not attended by sufficient doubt. The applicants did not show error in the finding that the substantive judicial review application had no reasonably arguable prospects of success, did not identify judicially reviewable error in the Tribunal's adverse credibility findings or assessment of the protection claims, and did not provide any basis to doubt the primary judge's conclusions about notice of the court date or preparation time.

Court Disposition

Application for leave to appeal 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 for leave to appeal is dismissed.' "The first and second applicants are to pay the first respondent's costs, as agreed or assessed."]