BDY16 v Minister for Immigration, Citizenship and Multicultural Affairs [2018] FCA 1881

BDY16 v Minister for Immigration, Citizenship and Multicultural Affairs [2018] FCA 1881

The proposed new appeal grounds were not permitted to be raised because they lacked merit. The appellant did not particularise or substantiate the assertion that the Tribunal was unprofessional, the allegation that the Tribunal denied all evidence without consideration was contradicted by the Tribunal's decision record, and there was no evidence that Tribunal staff attitude affected his evidence. There was also no apparent error in the primary judge's careful reasons finding no jurisdictional error.

Jurisdiction
Australia
Judgment Date
27 November 2018
Procedural Posture
Migration Appeal Concerning Refusal of a Protection (class Xa) Visa and Judicial Review of an Administrative Appeals Tribunal Decision / Appeal From Federal Circuit Court of Australia Orders Dismissing Judicial Review Application
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'administrative Appeals Tribunal' 'jurisdictional Error' 'credibility Findings' 'leave to Raise New Grounds on Appeal' 'apprehended Bias and Actual Bias']
['migration' 'administrative Law' 'judicial Review'] ['protection Visa' 'administrative Appeals Tribunal' 'jurisdictional Error' 'credibility Findings' 'leave to Raise New Grounds on Appeal' 'apprehended Bias and Actual Bias']

Case Brief

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Procedural Posture

Migration Appeal Concerning Refusal of a Protection (class Xa) Visa and Judicial Review of an Administrative Appeals Tribunal Decision / Appeal From Federal Circuit Court of Australia Orders Dismissing Judicial Review Application

Legal Issues

  1. 1 ['Whether the appellant should be permitted to raise new grounds of appeal that were not raised before the Federal Circuit Court.' 'Whether allegations that the Tribunal was not professional, denied evidence without consideration, or caused the appellant to be nervous disclosed jurisdictional error.' "Whether there was any apparent error in the Federal Circuit Court's conclusion that the Tribunal decision was not affected by jurisdictional error."]

Ratio Decidendi

The proposed new appeal grounds were not permitted to be raised because they lacked merit. The appellant did not particularise or substantiate the assertion that the Tribunal was unprofessional, the allegation that the Tribunal denied all evidence without consideration was contradicted by the Tribunal's decision record, and there was no evidence that Tribunal staff attitude affected his evidence. There was also no apparent error in the primary judge's careful reasons finding no jurisdictional error.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed with costs.']