BKB15 v Minister for Immigration and Border Protection [2018] FCA 770

BKB15 v Minister for Immigration and Border Protection [2018] FCA 770

No appellable error was found in the Federal Circuit Court's dismissal of the application for review of the Tribunal's decision, and the Tribunal did not fail in affording procedural fairness or making material findings. Leave to amend the Notice of Appeal was refused as the proposed grounds lacked merit and no explanation was provided for their late introduction.

Jurisdiction
Australia
Judgment Date
30 May 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; application for leave to amend refused.
Legal Topics
['migration' 'protection Visas' 'procedural Fairness' 'appellate Jurisdiction' 'jurisdictional Error' 'leave to Amend Notice of Appeal' 'practice and Procedure']
['administrative and Constitutional Law and Human Rights'] ['migration' 'protection Visas' 'procedural Fairness' 'appellate Jurisdiction' 'jurisdictional Error' 'leave to Amend Notice of Appeal' 'practice and Procedure']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the Federal Circuit Court committed appellable error in dismissing the application to review the Tribunal's decision" "Whether the Tribunal failed to afford procedural fairness by not putting the applicant on notice that photographs might be 'photo shopped'" 'Whether leave should be granted to amend the Notice of Appeal' 'Whether the Tribunal failed to give reasons for a particular finding']

Ratio Decidendi

No appellable error was found in the Federal Circuit Court's dismissal of the application for review of the Tribunal's decision, and the Tribunal did not fail in affording procedural fairness or making material findings. Leave to amend the Notice of Appeal was refused as the proposed grounds lacked merit and no explanation was provided for their late introduction.

Court Disposition

Appeal dismissed; application for leave to amend refused.

Orders

  • ['The application for leave to amend the Notice of Appeal is refused.' 'The appeal is dismissed.' 'The Appellant is to pay the costs of the First Respondent, either as agreed or taxed.']