BAP17 v Minister for Immigration and Border Protection [2018] FCA 1265

BAP17 v Minister for Immigration and Border Protection [2018] FCA 1265

Leave to appeal was refused because the applicant showed no sufficient doubt as to the correctness of the Federal Circuit Court's judgment. The Tribunal was entitled to reject the applicant's claims as not credible, correctly treated the application as one for a temporary protection visa under s 45AA and reg 2.08F, and applied the correct complementary protection test. The additional grounds not raised before the Federal Circuit Court did not identify appealable error and in any event lacked substance.

Jurisdiction
Australia
Judgment Date
22 August 2018
Procedural Posture
Application for Leave to Appeal From a Federal Circuit Court Decision Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection Visa / Application for Leave to Appeal Dismissed
Outcome
Application for leave to appeal dismissed.
Legal Topics
['protection Visa' 'temporary Protection Visa' 'complementary Protection' 'judicial Review' 'leave to Appeal' 'procedural Fairness' 'credibility Findings']
['migration' 'administrative Law'] ['protection Visa' 'temporary Protection Visa' 'complementary Protection' 'judicial Review' 'leave to Appeal' 'procedural Fairness' 'credibility Findings']

Case Brief

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Procedural Posture

Application for Leave to Appeal From a Federal Circuit Court Decision Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection Visa / Application for Leave to Appeal Dismissed

Legal Issues

  1. 1 ["Whether the Federal Circuit Court erred in upholding the Tribunal's treatment of the applicant's protection visa application as an application for a temporary protection visa under s 45AA of the Migration Act 1958 (Cth) and reg 2.08F of the Migration Regulations 1994 (Cth)." 'Whether the Tribunal applied the correct complementary protection test under s 36(2)(aa) of the Migration Act 1958 (Cth).' "Whether new grounds alleging non-compliance with ss 424 or 424A of the Migration Act 1958 (Cth), dissatisfaction with a migration agent's statement, medical or mental health matters, and procedural fairness could be maintained on appeal when not raised before the Federal Circuit Court." 'Whether sufficient doubt was shown as to the correctness of the Federal Circuit Court judgment to warrant leave to appeal.']

Ratio Decidendi

Leave to appeal was refused because the applicant showed no sufficient doubt as to the correctness of the Federal Circuit Court's judgment. The Tribunal was entitled to reject the applicant's claims as not credible, correctly treated the application as one for a temporary protection visa under s 45AA and reg 2.08F, and applied the correct complementary protection test. The additional grounds not raised before the Federal Circuit Court did not identify appealable error and in any event lacked substance.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['The application for leave to appeal is dismissed.' "The applicant pay the first respondent's costs of the application."]