AUP15 v Minister for Immigration and Border Protection [2017] FCA 192

AUP15 v Minister for Immigration and Border Protection [2017] FCA 192

No jurisdictional error or appellable error was shown in the Tribunal's or primary judge's decisions; findings were open to the Tribunal on evidence and material before it, procedural fairness was afforded, claims of bias and error in relocation consideration failed, and appeal must be dismissed.

Jurisdiction
Australia
Judgment Date
03 March 2017
Procedural Posture
Appeal / Judgment
Legal Topics
['migration' 'judicial Review' 'protection Visa' 'jurisdictional Error' 'procedural Fairness' 'relocation']
['administrative and Constitutional Law' 'human Rights'] ['migration' 'judicial Review' 'protection Visa' 'jurisdictional Error' 'procedural Fairness' 'relocation']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether primary judge erred by failing to find Tribunal fell into jurisdictional error' 'Whether Tribunal made an error of law in considering relocation' 'Whether Tribunal failed to afford procedural fairness' 'Whether Tribunal properly considered relevant evidence' 'Whether Tribunal was biased']

Ratio Decidendi

No jurisdictional error or appellable error was shown in the Tribunal's or primary judge's decisions; findings were open to the Tribunal on evidence and material before it, procedural fairness was afforded, claims of bias and error in relocation consideration failed, and appeal must be dismissed.

Court Disposition

Orders

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