Ahmed v Minister for Immigration and Border Protection [2016] FCA 1029

Ahmed v Minister for Immigration and Border Protection [2016] FCA 1029

The appeal failed because the appellant identified no appealable error in the Federal Circuit Court's dismissal of his judicial review application. The primary judge correctly rejected the challenges concerning reg 2.41(b) and reg 2.41(c), and any Tribunal error in considering reg 2.41(b) despite there being no genuine version of the TRA assessment was immaterial. The Tribunal had evidence upon which to make its findings, complied with s 359AA(1)(b)(iii), and the appellant's unidentified High Court ground was meaningless. The proposed new procedural fairness and apprehended bias ground lacked merit, so leave to raise it was refused. Ms Ara was not a proper party to the appeal because no...

Jurisdiction
Australia
Judgment Date
25 August 2016
Procedural Posture
Migration Appeal From the Federal Circuit Court of Australia Concerning Cancellation of a Skilled Independent Overseas Student (class Dd) (subclass 880) Visa / Appeal From Ahmed & Anor V Minister for Immigration and Border Protection & Anor [2016] FCCA 708; Application for Adjournment Refused; Leave to Raise Procedural Fairness/apprehended Bias Ground Refused
Outcome
Appeal dismissed; second appellant removed as a party; first appellant ordered to pay the first respondent's costs as agreed or taxed.
Legal Topics
['visa Cancellation Under S 109 of the Migration Act 1958 (cth)' 'bogus Document' 'procedural Fairness' 'apprehended Bias' 'jurisdictional Error' 'regulation 2.41 Prescribed Circumstances' 'appeal From Federal Circuit Court']
['migration Law' 'administrative Law'] ['visa Cancellation Under S 109 of the Migration Act 1958 (cth)' 'bogus Document' 'procedural Fairness' 'apprehended Bias' 'jurisdictional Error' 'regulation 2.41 Prescribed Circumstances' 'appeal From Federal Circuit Court']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Circuit Court of Australia Concerning Cancellation of a Skilled Independent Overseas Student (class Dd) (subclass 880) Visa / Appeal From Ahmed & Anor V Minister for Immigration and Border Protection & Anor [2016] FCCA 708; Application for Adjournment Refused; Leave to Raise Procedural Fairness/apprehended Bias Ground Refused

Legal Issues

  1. 1 ['Whether the primary judge erred in failing to find that the Tribunal reached conclusions not based on evidence.' "Whether the primary judge erred in relation to the Tribunal's treatment of reg 2.41(b) and reg 2.41(c) of the Migration Regulations 1994." 'Whether the Tribunal failed to comply with s 359AA(1)(b)(iii) of the Migration Act 1958 (Cth).' "Whether an unidentified recent High Court decision affected the Tribunal's decision." 'Whether leave should be granted to raise for the first time a ground alleging denial of procedural fairness or apprehended bias by the Tribunal.' 'Whether the second appellant should remain a party to the appeal.']

Ratio Decidendi

The appeal failed because the appellant identified no appealable error in the Federal Circuit Court's dismissal of his judicial review application. The primary judge correctly rejected the challenges concerning reg 2.41(b) and reg 2.41(c), and any Tribunal error in considering reg 2.41(b) despite there being no genuine version of the TRA assessment was immaterial. The Tribunal had evidence upon which to make its findings, complied with s 359AA(1)(b)(iii), and the appellant's unidentified High Court ground was meaningless. The proposed new procedural fairness and apprehended bias ground lacked merit, so leave to raise it was refused. Ms Ara was not a proper party to the appeal because no...

Court Disposition

Appeal dismissed; second appellant removed as a party; first appellant ordered to pay the first respondent's costs as agreed or taxed.

Orders

  • ['Pursuant to Rules 9.08 and 1.32 of the Federal Court Rules 2011 the second appellant be removed as a party.' 'The appeal be dismissed.' "The first appellant to pay the first respondent's costs as agreed or taxed."]