BBI15 v Minister for Immigration and Border Protection [2016] FCA 226

BBI15 v Minister for Immigration and Border Protection [2016] FCA 226

Leave to appeal was refused because the Federal Circuit Court's decision was not attended by sufficient doubt. The Tribunal had assessed the material before it and was entitled to reject the applicant's claims as not credible and to give no weight to the document relied on by the applicant. Nothing in the material suggested that the primary judge erred in concluding that the application disclosed no arguable case or arguable jurisdictional error.

Jurisdiction
Australia
Judgment Date
01 March 2016
Procedural Posture
Application for Leave to Appeal / Appeal From Federal Circuit Court Orders Dismissing an Application for Review of a Refugee Review Tribunal Decision
Outcome
The application for leave to appeal was dismissed.
Legal Topics
['protection Visa' 'judicial Review' 'leave to Appeal' 'jurisdictional Error' 'credibility Findings' 'federal Circuit Court Rules 2001 (cth) R 44.12']
['administrative and Constitutional Law and Human Rights' 'migration Law'] ['protection Visa' 'judicial Review' 'leave to Appeal' 'jurisdictional Error' 'credibility Findings' 'federal Circuit Court Rules 2001 (cth) R 44.12']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Appeal From Federal Circuit Court Orders Dismissing an Application for Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Circuit Court's dismissal of the application for review pursuant to r 44.12 of the Federal Circuit Court Rules 2001 (Cth)." 'Whether the Federal Circuit Court decision was attended by sufficient doubt to warrant reconsideration.' "Whether the Tribunal's treatment of the applicant's claimed membership certificate disclosed arguable jurisdictional error." 'Whether the Tribunal acted manifestly unreasonably or failed to consider persecution and harm under s 91R of the Migration Act 1958 (Cth).']

Ratio Decidendi

Leave to appeal was refused because the Federal Circuit Court's decision was not attended by sufficient doubt. The Tribunal had assessed the material before it and was entitled to reject the applicant's claims as not credible and to give no weight to the document relied on by the applicant. Nothing in the material suggested that the primary judge erred in concluding that the application disclosed no arguable case or arguable jurisdictional error.

Court Disposition

The application for leave to appeal was dismissed.

Orders

  • ['The application for leave to appeal dated 26 November 2015 be dismissed.' "The applicant pay the first respondent's costs of the appeal as agreed or taxed."]