BDE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 160

BDE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 160

No legal error or jurisdictional error was established because the Federal Circuit Court applied the correct reinstatement principles, accepted that the applicant had a reasonable excuse for non-attendance, and reasonably concluded that the proposed substantive ground had no reasonable prospects of success. The Immigration Assessment Authority's treatment of the photograph was not adverse to the applicant because it accepted his claim about what the photograph depicted, and its conclusion about the brother's disappearance was also supported by other credibility findings.

Jurisdiction
Australia
Judgment Date
18 February 2020
Procedural Posture
Originating Application Under S 39 B of the Judiciary Act 1903 (cth) for Review of a Federal Circuit Court of Australia Decision Dismissing an Application to Reinstate Judicial Review Proceedings / Final Judgment
Outcome
Application dismissed with costs in favour of the First Respondent.
Legal Topics
['safe Haven Enterprise Visa' 'immigration Assessment Authority' 'federal Circuit Court Reinstatement Application' 'non Attendance at Directions Hearing' 'reasonable Prospects of Success' 'unreasonableness, Illogicality or Irrationality' 'jurisdictional Error']
['migration' 'administrative Law' 'judicial Review'] ['safe Haven Enterprise Visa' 'immigration Assessment Authority' 'federal Circuit Court Reinstatement Application' 'non Attendance at Directions Hearing' 'reasonable Prospects of Success' 'unreasonableness, Illogicality or Irrationality' 'jurisdictional Error']

Case Brief

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Procedural Posture

Originating Application Under S 39 B of the Judiciary Act 1903 (cth) for Review of a Federal Circuit Court of Australia Decision Dismissing an Application to Reinstate Judicial Review Proceedings / Final Judgment

Legal Issues

  1. 1 ['Whether the Federal Circuit Court decision refusing reinstatement was unreasonable, illogical or irrational.' "Whether the Federal Circuit Court failed to properly consider whether the applicant's substantive judicial review application had reasonable prospects of success." "Whether the proposed challenge to the Immigration Assessment Authority's treatment of photographic evidence was reasonably arguable."]

Ratio Decidendi

No legal error or jurisdictional error was established because the Federal Circuit Court applied the correct reinstatement principles, accepted that the applicant had a reasonable excuse for non-attendance, and reasonably concluded that the proposed substantive ground had no reasonable prospects of success. The Immigration Assessment Authority's treatment of the photograph was not adverse to the applicant because it accepted his claim about what the photograph depicted, and its conclusion about the brother's disappearance was also supported by other credibility findings.

Court Disposition

Application dismissed with costs in favour of the First Respondent.

Orders

  • ['The application be dismissed.' 'The Applicant pay the costs of the First Respondent, as agreed or assessed.']