ASL15 v Minister for Immigration and Border Protection [2017] FCA 679

ASL15 v Minister for Immigration and Border Protection [2017] FCA 679

The appeal failed because the appellant's only substantive ground depended on the reasoning in WZAPN, which had been overruled by the High Court, and the primary judge made no error in recording and applying binding High Court and Full Court authority. The ground therefore identified no jurisdictional error by the Tribunal and no appealable error by the Federal Circuit Court.

Jurisdiction
Australia
Judgment Date
19 June 2017
Procedural Posture
Migration Appeal From a Decision of the Federal Circuit Court Concerning Refusal of a Protection Visa / Appeal Dismissed
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'judicial Review' 'jurisdictional Error' 'section 91 R of the Migration Act 1958 (cth)' 'persecution' 'law of General Application']
['migration Law' 'administrative Law'] ['protection Visa' 'judicial Review' 'jurisdictional Error' 'section 91 R of the Migration Act 1958 (cth)' 'persecution' 'law of General Application']

Case Brief

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Procedural Posture

Migration Appeal From a Decision of the Federal Circuit Court Concerning Refusal of a Protection Visa / Appeal Dismissed

Legal Issues

  1. 1 ['Whether the Federal Circuit Court erred by failing to find that the Tribunal committed jurisdictional error.' 'Whether the Tribunal applied the incorrect test under s 91R(2) of the Migration Act 1958 (Cth) by relying on reasoning in WZAPN v Minister for Immigration and Border Protection & Anor [2014] FCA 947.']

Ratio Decidendi

The appeal failed because the appellant's only substantive ground depended on the reasoning in WZAPN, which had been overruled by the High Court, and the primary judge made no error in recording and applying binding High Court and Full Court authority. The ground therefore identified no jurisdictional error by the Tribunal and no appealable error by the Federal Circuit Court.

Court Disposition

Appeal dismissed.

Orders

  • ['The notice of appeal filed 5 September 2016 is dismissed.' "The appellant pay the first respondent's costs, to be agreed or taxed."]