Masood v Minister for Immigration and Border Protection [2018] FCA 115

Masood v Minister for Immigration and Border Protection [2018] FCA 115

Leave to appeal was refused because none of Mr Masood's written grounds or oral submissions established appealable error by the Federal Circuit Court. The primary judge had given reasons after allowing submissions, no incapacity was evidenced at the hearing, no jurisdictional error by the Tribunal was established, and Mr Masood did not satisfy the competent English criterion because he did not achieve at least six in each IELTS component. The Court was not satisfied that sufficient doubt attended the correctness of the Federal Circuit Court's judgment or that substantial injustice would be suffered if leave were refused.

Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Migration Application for Leave to Appeal From a Judgment of the Federal Circuit Court Dismissing a Judicial Review Application / Application for Leave to Appeal
Outcome
The application for leave to appeal was refused with costs.
Legal Topics
['skilled (provisional) (class Vc) Subclass 487 Visa' 'competent English Criterion' 'judicial Review' 'leave to Appeal' 'jurisdictional Error']
['migration' 'administrative Law'] ['skilled (provisional) (class Vc) Subclass 487 Visa' 'competent English Criterion' 'judicial Review' 'leave to Appeal' 'jurisdictional Error']

Case Brief

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Procedural Posture

Migration Application for Leave to Appeal From a Judgment of the Federal Circuit Court Dismissing a Judicial Review Application / Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether sufficient doubt attended the correctness of the Federal Circuit Court's judgment to warrant review." 'Whether substantial injustice would be suffered by the applicants if leave to appeal were refused.' "Whether the applicants established appealable error in the Federal Circuit Court's dismissal of the judicial review application." "Whether jurisdictional error was established in the Tribunal's decision affirming refusal of the visa application." 'Whether the first applicant satisfied the competent English criterion.']

Ratio Decidendi

Leave to appeal was refused because none of Mr Masood's written grounds or oral submissions established appealable error by the Federal Circuit Court. The primary judge had given reasons after allowing submissions, no incapacity was evidenced at the hearing, no jurisdictional error by the Tribunal was established, and Mr Masood did not satisfy the competent English criterion because he did not achieve at least six in each IELTS component. The Court was not satisfied that sufficient doubt attended the correctness of the Federal Circuit Court's judgment or that substantial injustice would be suffered if leave were refused.

Court Disposition

The application for leave to appeal was refused with costs.

Orders

  • ['The application for leave to appeal be refused.' "The applicants pay the first respondent's costs of the application."]