AFU17 v Minister for Immigration and Border Protection [2018] FCA 1877

AFU17 v Minister for Immigration and Border Protection [2018] FCA 1877

The applicant's contentions were not sufficiently arguable to warrant a grant of leave to appeal; the questions of whether the Tribunal failed to comply with s 425(1) or s 424(1) of the Migration Act, or acted illogically, did not have sufficient merit in the circumstances, and the Tribunal was entitled to rely on available information in assessing the claims.

Parties
Applicant: AFU17; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
28 November 2018
Procedural Posture
Application for Leave to Appeal (migration Decision) / Determination of Application for Leave to Appeal From Federal Circuit Court
Outcome
Application for leave to appeal dismissed
Legal Topics
Protection Visa, Judicial Review, Jurisdictional Error, Procedural Fairness
Migration Law Administrative Law Protection Visa Judicial Review Jurisdictional Error Procedural Fairness

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Parties

AFU17

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal (migration Decision) / Determination of Application for Leave to Appeal From Federal Circuit Court

Legal Issues

  1. 1 Whether the Tribunal failed to comply with s 425(1) of the Migration Act by not notifying the applicant of a relevant issue
  2. 2 Whether the Tribunal failed to comply with s 424(1) of the Migration Act or its decision was affected by illogicality or irrationality

Ratio Decidendi

The applicant's contentions were not sufficiently arguable to warrant a grant of leave to appeal; the questions of whether the Tribunal failed to comply with s 425(1) or s 424(1) of the Migration Act, or acted illogically, did not have sufficient merit in the circumstances, and the Tribunal was entitled to rely on available information in assessing the claims.

Court Disposition

Application for leave to appeal dismissed

Orders

  • The applicant have leave to rely on the amended draft notice of appeal annexed to the affidavit of Navid Koushke Baghi filed 7 August 2018 and to rely on the submissions dated 7 August 2018.
  • The application for leave to appeal from the orders of the Federal Circuit Court of Australia be dismissed.