APN18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1983

APN18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1983

The applicant’s material, particularly medical evidence related to cancer, did not impugn the correctness of the primary judge’s decision or demonstrate jurisdictional error by the Tribunal. No sufficient doubt as to the correctness of the primary judge’s judgment was established. Leave to appeal was refused.

Parties
Applicant: APN18; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
25 November 2019
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal From Federal Circuit Court Judgment
Outcome
Leave to appeal refused
Legal Topics
Leave to Appeal, Judicial Review, Protection Visa, Jurisdictional Error
Migration Law Administrative Law Leave to Appeal Judicial Review Protection Visa Jurisdictional Error

Case Brief

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Parties

APN18

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient doubt as to the correctness of the judgment below to warrant leave to appeal
  2. 2 Whether new medical evidence established jurisdictional error by the Tribunal

Ratio Decidendi

The applicant’s material, particularly medical evidence related to cancer, did not impugn the correctness of the primary judge’s decision or demonstrate jurisdictional error by the Tribunal. No sufficient doubt as to the correctness of the primary judge’s judgment was established. Leave to appeal was refused.

Court Disposition

Leave to appeal refused

Orders

  • The name of the first respondent be amended to 'Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs'.
  • The applicant's application for leave to appeal be refused.