AIK17 v Minister for Immigration and Border Protection [2019] FCA 1303

AIK17 v Minister for Immigration and Border Protection [2019] FCA 1303

None of the applicant's grounds disclosed a reasonably arguable error of law or sufficient doubt about the correctness of the primary judge's decision. Non-disclosure of the certificate under s 438 of the Migration Act did not result in practical injustice or jurisdictional error because the material covered by the certificate had no bearing on the Tribunal's decision and did not affect procedural fairness. The other grounds sought impermissible merits review, not issues of law.

Jurisdiction
Australia
Judgment Date
19 August 2019
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal From the Federal Circuit Court
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
['application for Leave to Appeal' 'procedural Fairness' 'judicial Review' 'credibility Finding' 'section 438 Migration Act Certificate']
['migration'] ['application for Leave to Appeal' 'procedural Fairness' 'judicial Review' 'credibility Finding' 'section 438 Migration Act Certificate']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal From the Federal Circuit Court

Legal Issues

  1. 1 ["Whether sufficient reasons exist to doubt the Federal Circuit Court's decision such that leave to appeal should be granted" 'Whether non-disclosure of a certificate under s 438 of the Migration Act 1958 (Cth) constituted jurisdictional error by denial of procedural fairness' 'Whether the alleged errors and grounds raised by the applicant demonstrate any legal error by the Tribunal or the Federal Circuit Court, including bias, erroneous fact-finding, or procedural errors']

Ratio Decidendi

None of the applicant's grounds disclosed a reasonably arguable error of law or sufficient doubt about the correctness of the primary judge's decision. Non-disclosure of the certificate under s 438 of the Migration Act did not result in practical injustice or jurisdictional error because the material covered by the certificate had no bearing on the Tribunal's decision and did not affect procedural fairness. The other grounds sought impermissible merits review, not issues of law.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs of the application as agreed or taxed."]