ALL18 v Minister for Home Affairs [2019] FCA 755

ALL18 v Minister for Home Affairs [2019] FCA 755

The applicant failed to identify any error in the Federal Circuit Court’s judgment or any bias on the part of the Tribunal. As there were no particulars supporting claims of error or bias, and no arguable case of jurisdictional error, the application for leave to appeal was dismissed.

Jurisdiction
Australia
Judgment Date
21 May 2019
Procedural Posture
Migration Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed. Orders for costs made against the applicant.
Legal Topics
['protection Visas' 'judicial Review' 'jurisdictional Error' 'bias']
['migration Law' 'administrative Law'] ['protection Visas' 'judicial Review' 'jurisdictional Error' 'bias']

Case Brief

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Procedural Posture

Migration Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether there was a jurisdictional error in the Tribunal's decision affirmed by the Federal Circuit Court" 'Whether there was bias by the Tribunal member deciding the applicant’s protection visa application']

Ratio Decidendi

The applicant failed to identify any error in the Federal Circuit Court’s judgment or any bias on the part of the Tribunal. As there were no particulars supporting claims of error or bias, and no arguable case of jurisdictional error, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed. Orders for costs made against the applicant.

Orders

  • ['The application for leave to appeal filed on 11 December 2018 be dismissed.' "The applicant pay the first respondent's costs."]