ARZ18 on behalf of ASB18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 270

ARZ18 on behalf of ASB18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 270

The appeal was dismissed because the appellant did not establish any ground of appeal. The documents covered by the invalid s 438 certificates merely repeated the parents' protection claims, which had already been ventilated in detail before and considered by the Tribunal, and added nothing of substance; therefore there was no realistic possibility of a different Tribunal outcome and no material jurisdictional error. Ground 2 was an impermissible attempt at merits review, and the material relied on for apprehended bias was incapable of demonstrating apprehended bias.

Jurisdiction
Australia
Judgment Date
05 March 2020
Procedural Posture
Appeal From Dismissal of an Application for Judicial Review of an Administrative Appeals Tribunal Migration Decision / Federal Court Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'invalid S 438 Certificates' 'procedural Fairness' 'materiality' 'jurisdictional Error' 'apprehended Bias' 'merits Review']
['migration Law' 'administrative Law' 'judicial Review'] ['protection Visa' 'invalid S 438 Certificates' 'procedural Fairness' 'materiality' 'jurisdictional Error' 'apprehended Bias' 'merits Review']

Case Brief

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Procedural Posture

Appeal From Dismissal of an Application for Judicial Review of an Administrative Appeals Tribunal Migration Decision / Federal Court Appeal

Legal Issues

  1. 1 ["Whether the Federal Circuit Court erred in finding that invalid s 438 certificates and non-disclosure of the certificates were immaterial to the Tribunal's decision." 'Whether the appellant could challenge on appeal a factual finding about the absence of references from the Local Church.' "Whether apprehended bias was demonstrated in the Federal Circuit Court's decision." "Whether the appellant's adjournment application should be granted."]

Ratio Decidendi

The appeal was dismissed because the appellant did not establish any ground of appeal. The documents covered by the invalid s 438 certificates merely repeated the parents' protection claims, which had already been ventilated in detail before and considered by the Tribunal, and added nothing of substance; therefore there was no realistic possibility of a different Tribunal outcome and no material jurisdictional error. Ground 2 was an impermissible attempt at merits review, and the material relied on for apprehended bias was incapable of demonstrating apprehended bias.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The Appeal be dismissed.' "The appellant's litigation representative pay the first respondent's costs of and incidental to the Appeal."]