BDB18 v Minister for Home Affairs [2019] FCA 373

BDB18 v Minister for Home Affairs [2019] FCA 373

No reasonable prospect of any of the applicant's grounds or proposed grounds succeeding since the Tribunal considered all claims and evidence, provided reasoned findings, and no jurisdictional error or bias is established; accordingly, leave to appeal should be dismissed.

Parties
Appellant: BDB18; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
19 March 2019
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Dismissal at Federal Circuit Court
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Protection Visa, Judicial Review, Jurisdictional Error, Procedural Fairness, Bias Allegations
Migration Law Administrative Law Protection Visa Judicial Review Jurisdictional Error Procedural Fairness Bias Allegations

Case Brief

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Parties

BDB18

Appellant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Dismissal at Federal Circuit Court

Legal Issues

  1. 1 Whether leave to appeal should be granted from the Federal Circuit Court's dismissal of a judicial review application regarding refusal of a protection visa
  2. 2 Whether the Administrative Appeals Tribunal committed jurisdictional error in rejecting the applicant's protection claims
  3. 3 Whether the Tribunal failed to consider all relevant evidence or demonstrated bias

Ratio Decidendi

No reasonable prospect of any of the applicant's grounds or proposed grounds succeeding since the Tribunal considered all claims and evidence, provided reasoned findings, and no jurisdictional error or bias is established; accordingly, leave to appeal should be dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is to pay the first respondent's costs to be assessed if not agreed.