AHQ16 v Minister for Immigration and Border Protection [2018] FCA 1128
Each ground of appeal was either abandoned below and could not be resurrected, or involved no error of law, jurisdictional error, or procedural unfairness; the Tribunal's consideration of facts and credibility was proper and open on the evidence, and the primary Judge made no appellable error in rejecting the appellant's contentions.
- Jurisdiction
- Australia
- Judgment Date
- 01 August 2018
- Procedural Posture
- Appeal / Judgment on Appeal From Federal Circuit Court
- Outcome
- Appeal dismissed
- Legal Topics
- ['protection Visa' 'jurisdictional Error' 'procedural Fairness' 'appellate Procedure']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court
Legal Issues
- 1 ['Whether Tribunal failed to properly consider claims made by appellant' 'Whether poor prison conditions could constitute persecution' 'Whether findings regarding risk, credibility, and previous departure were irrational, illogical, or inadequately reasoned' 'Whether arguments abandoned below could be resurrected on appeal']
Ratio Decidendi
Each ground of appeal was either abandoned below and could not be resurrected, or involved no error of law, jurisdictional error, or procedural unfairness; the Tribunal's consideration of facts and credibility was proper and open on the evidence, and the primary Judge made no appellable error in rejecting the appellant's contentions.
Court Disposition
Appeal dismissed
Orders
- ['The appeal is dismissed.' 'The Appellant is to pay the costs of the First Respondent, either as agreed or assessed.']
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