Barah v Minister for Home Affairs [2019] FCA 1831

Barah v Minister for Home Affairs [2019] FCA 1831

The applicant's proposed appeal has no reasonable prospects of success as his grounds seek an impermissible merits review and do not disclose any appealable error or jurisdictional error. The Tribunal's adverse findings were open to it on the evidence, and the primary judge correctly refused to reconsider the facts.

Parties
Applicant: Aleiz Khaled Ahmad Barah; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
31 October 2019
Procedural Posture
Migration Application to Reinstate Appeal / Interlocutory Application to Reinstate Dismissed Appeal
Outcome
Application dismissed
Legal Topics
Student Visas, Reinstatement of Appeal, Judicial Review, Merits Review
Migration Law Administrative Law Student Visas Reinstatement of Appeal Judicial Review Merits Review

Case Brief

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Parties

Aleiz Khaled Ahmad Barah

Applicant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Application to Reinstate Appeal / Interlocutory Application to Reinstate Dismissed Appeal

Legal Issues

  1. 1 Whether the appeal should be reinstated after dismissal for non-attendance
  2. 2 Whether the application has reasonable prospects of success
  3. 3 Whether Tribunal committed jurisdictional error in assessing applicant's genuineness as a student

Ratio Decidendi

The applicant's proposed appeal has no reasonable prospects of success as his grounds seek an impermissible merits review and do not disclose any appealable error or jurisdictional error. The Tribunal's adverse findings were open to it on the evidence, and the primary judge correctly refused to reconsider the facts.

Court Disposition

Application dismissed

Orders

  • The applicant's interlocutory application filed 1 October 2019 be dismissed.
  • The applicant pay the costs of the first respondent, such costs to be taxed in default of agreement.