BDE16 v Minister for Immigration and Border Protection [2019] FCA 816

BDE16 v Minister for Immigration and Border Protection [2019] FCA 816

The appeal was dismissed because the appellant did not particularise any appellable error in the primary judgment and, even assuming the grounds alleged that the primary judge failed to detect errors in the Tribunal's decision, the Court was satisfied that no such error existed, much less jurisdictional error. The Tribunal had considered the appellant's claims and had not denied procedural fairness.

Jurisdiction
Australia
Judgment Date
31 May 2019
Procedural Posture
Migration Appeal From a Judgment of the Federal Circuit Court of Australia Dismissing Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'administrative Appeals Tribunal' 'refugee Claims' 'sri Lanka' 'imputed Political Opinion' 'failed Asylum Seeker']
['migration' 'administrative Law'] ['protection Visa' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'administrative Appeals Tribunal' 'refugee Claims' 'sri Lanka' 'imputed Political Opinion' 'failed Asylum Seeker']

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Procedural Posture

Migration Appeal From a Judgment of the Federal Circuit Court of Australia Dismissing Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the Federal Circuit Court erred in not finding that the Tribunal's decision was affected by an error of law." 'Whether the Federal Circuit Court erred in not finding that the Tribunal denied the appellant procedural fairness.' 'Whether the appellant identified any appellable error in the primary judgment.']

Ratio Decidendi

The appeal was dismissed because the appellant did not particularise any appellable error in the primary judgment and, even assuming the grounds alleged that the primary judge failed to detect errors in the Tribunal's decision, the Court was satisfied that no such error existed, much less jurisdictional error. The Tribunal had considered the appellant's claims and had not denied procedural fairness.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The notice of appeal filed 14 September 2018 is dismissed.' "The appellant is to pay the first respondent's costs of the appeal to be taxed failing agreement."]