AAE18 v Minister for Home Affairs [2019] FCA 752

AAE18 v Minister for Home Affairs [2019] FCA 752

The application for leave to appeal was dismissed because the applicant's application and draft notice of appeal failed to identify any appealable error in the Federal Circuit Court's judgment, and at the hearing she was unable to identify any such error. The Minister's submission that the proposed ground lacked meaningful particulars and was without merit was accepted.

Jurisdiction
Australia
Judgment Date
21 May 2019
Procedural Posture
Migration Application for Leave to Appeal From Dismissal of Judicial Review of Protection Visa Refusal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed.
Legal Topics
['protection Visa' 'leave to Appeal' 'jurisdictional Error' 'particular Social Group' 'well Founded Fear of Persecution' 'complementary Protection']
['migration' 'administrative Law'] ['protection Visa' 'leave to Appeal' 'jurisdictional Error' 'particular Social Group' 'well Founded Fear of Persecution' 'complementary Protection']

Case Brief

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Procedural Posture

Migration Application for Leave to Appeal From Dismissal of Judicial Review of Protection Visa Refusal / Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Circuit Court's interlocutory judgment dismissing the applicant's judicial review application." "Whether the applicant identified any appealable error in the Federal Circuit Court's judgment." "Whether the Tribunal's treatment of the applicant's claims based on loan sharks, ethnicity and particular social group disclosed jurisdictional error."]

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant's application and draft notice of appeal failed to identify any appealable error in the Federal Circuit Court's judgment, and at the hearing she was unable to identify any such error. The Minister's submission that the proposed ground lacked meaningful particulars and was without merit was accepted.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['The application for leave to appeal filed on 7 December 2018 be dismissed.' "The applicant pay the first respondent's costs."]