BDS15 v Minister for Immigration and Border Protection [2017] FCA 251

BDS15 v Minister for Immigration and Border Protection [2017] FCA 251

The applicants had no arguable case that the Tribunal committed jurisdictional error or that the Federal Circuit Court erred in summarily dismissing their application. A fair reading of the Tribunal's reasons did not support apprehended bias or prejudgment, showed that the Tribunal considered the wife's claims and responses, and entitled the Tribunal to rely on country information and make adverse credibility findings. Because the proposed appeal was devoid of merit, there was no foundation for extending time or granting leave.

Jurisdiction
Australia
Judgment Date
24 February 2017
Procedural Posture
Application for an Extension of Time and Leave to Appeal / Federal Court Application From a Federal Circuit Court Decision Summarily Dismissing an Application for Constitutional Writ Relief
Outcome
The application for an extension of time and leave to appeal was dismissed with costs.
Legal Topics
['protection Visas' 'judicial Review' 'jurisdictional Error' 'apprehended Bias' 'country Information' 'credibility Findings' 'extension of Time' 'leave to Appeal' 'summary Dismissal']
['administrative Law' 'migration Law' 'human Rights'] ['protection Visas' 'judicial Review' 'jurisdictional Error' 'apprehended Bias' 'country Information' 'credibility Findings' 'extension of Time' 'leave to Appeal' 'summary Dismissal']

Case Brief

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Procedural Posture

Application for an Extension of Time and Leave to Appeal / Federal Court Application From a Federal Circuit Court Decision Summarily Dismissing an Application for Constitutional Writ Relief

Legal Issues

  1. 1 ["Whether the applicants should be granted an extension of time and leave to appeal from the Federal Circuit Court's summary dismissal." "Whether the Tribunal exhibited apprehended bias by repeatedly expressing doubts about, or not accepting, aspects of the wife's claims." "Whether the Tribunal failed to consider relevant material, including the wife's side of the story, or took irrelevant material into account." 'Whether the Tribunal inflexibly applied a policy of relying solely on country information rather than using that information as a guide.' "Whether the applicants had an arguable case of jurisdictional error in the Tribunal's decision."]

Ratio Decidendi

The applicants had no arguable case that the Tribunal committed jurisdictional error or that the Federal Circuit Court erred in summarily dismissing their application. A fair reading of the Tribunal's reasons did not support apprehended bias or prejudgment, showed that the Tribunal considered the wife's claims and responses, and entitled the Tribunal to rely on country information and make adverse credibility findings. Because the proposed appeal was devoid of merit, there was no foundation for extending time or granting leave.

Court Disposition

The application for an extension of time and leave to appeal was dismissed with costs.

Orders

  • ['The application for an extension of time and leave to appeal be dismissed.' "The first and second applicants pay the first respondent's costs." 'The names of the person swearing the affidavit filed 22 February 2017 and the names in paragraphs 2 and 3 not be published on the ground that to do so would contravene s...