APM16 v Minister for Immigration and Border Protection [2017] FCA 291

APM16 v Minister for Immigration and Border Protection [2017] FCA 291

Leave to appeal was granted because it was reasonably arguable that the Tribunal's adverse credibility findings may have been illogical or unreasonable and potentially affected by jurisdictional error, and substantial injustice would result if leave were refused.

Jurisdiction
Australia
Judgment Date
22 March 2017
Procedural Posture
Application for Leave to Appeal / Interlocutory Application for Leave to Appeal From a Decision of the Federal Circuit Court of Australia
Outcome
Application for leave to appeal allowed
Legal Topics
['leave to Appeal' 'judicial Review' 'refugee and Protection Visas' 'procedural Fairness' 'jurisdictional Error' 'adverse Credibility Findings']
['migration Law' 'administrative Law'] ['leave to Appeal' 'judicial Review' 'refugee and Protection Visas' 'procedural Fairness' 'jurisdictional Error' 'adverse Credibility Findings']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Interlocutory Application for Leave to Appeal From a Decision of the Federal Circuit Court of Australia

Legal Issues

  1. 1 ["Whether the FCCA's decision is attended by sufficient doubt to warrant reconsideration on appeal" 'Whether substantial injustice would result if leave were refused' "Whether the Tribunal's adverse credibility findings were affected by jurisdictional error" 'Whether the applicant was denied procedural fairness']

Ratio Decidendi

Leave to appeal was granted because it was reasonably arguable that the Tribunal's adverse credibility findings may have been illogical or unreasonable and potentially affected by jurisdictional error, and substantial injustice would result if leave were refused.

Court Disposition

Application for leave to appeal allowed

Orders

  • ['Pursuant to r 1.34 of the Federal Court Rules 2011 (Cth), dispense with requirement that the applicant make his application for leave to appeal in the specified manner and form.' 'The application for leave to appeal filed 10 October 2016 is allowed.' 'The applicant file and serve a notice of appeal in accordance...