ABU19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 151

ABU19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 151

The applicant failed to discharge the onus of demonstrating sufficient doubt about the Federal Circuit Court's decision to warrant reconsideration on appeal. No arguable case of jurisdictional error was established, and leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
12 February 2020
Procedural Posture
Application for Leave to Appeal / Final Determination on Leave to Appeal
Outcome
Application for leave to appeal dismissed
Legal Topics
['protection Visa' 'judicial Review' 'leave to Appeal' 'jurisdictional Error']
['migration' 'administrative Law'] ['protection Visa' 'judicial Review' 'leave to Appeal' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Final Determination on Leave to Appeal

Legal Issues

  1. 1 ["Whether sufficient doubt exists about the Federal Circuit Court's decision to warrant reconsideration on appeal" 'Whether substantial injustice would result if leave to appeal were refused']

Ratio Decidendi

The applicant failed to discharge the onus of demonstrating sufficient doubt about the Federal Circuit Court's decision to warrant reconsideration on appeal. No arguable case of jurisdictional error was established, and leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant to pay the first respondent's costs fixed in the amount of $3,000."]