AKD17 v Minister for Immigration and Border Protection [2018] FCA 694

AKD17 v Minister for Immigration and Border Protection [2018] FCA 694

The grounds of appeal did not disclose any discernible error on the part of the primary Judge or the Tribunal. There was no jurisdictional error, denial of procedural fairness, or breach of s 425 of the Migration Act. The appellant was enabled to participate in the hearing, and the Tribunal's findings on credibility and risk were open on the evidence. Leave to rely on new grounds was refused as they lacked reasonable prospects of success.

Jurisdiction
Australia
Judgment Date
17 May 2018
Procedural Posture
Migration Appeal / Appeal From Federal Circuit Court Decision Dismissing Application for Judicial Review
Outcome
Appeal dismissed with costs
Legal Topics
['protection Visa' 'judicial Review' 'adjournment—medical Grounds' 'procedural Fairness']
['migration Law' 'administrative Law'] ['protection Visa' 'judicial Review' 'adjournment—medical Grounds' 'procedural Fairness']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From Federal Circuit Court Decision Dismissing Application for Judicial Review

Legal Issues

  1. 1 ['Whether the Federal Circuit Court erred in finding no jurisdictional error by the Tribunal' 'Whether the Tribunal failed to consider relevant claims or evidence' 'Whether procedural fairness was denied by the Tribunal' 'Whether findings were made without evidence or contrary to s 425 of the Migration Act']

Ratio Decidendi

The grounds of appeal did not disclose any discernible error on the part of the primary Judge or the Tribunal. There was no jurisdictional error, denial of procedural fairness, or breach of s 425 of the Migration Act. The appellant was enabled to participate in the hearing, and the Tribunal's findings on credibility and risk were open on the evidence. Leave to rely on new grounds was refused as they lacked reasonable prospects of success.

Court Disposition

Appeal dismissed with costs

Orders

  • ['The appeal be dismissed with costs.']