BMZ15 v Minister for Immigration and Border Protection [2017] FCA 740

BMZ15 v Minister for Immigration and Border Protection [2017] FCA 740

The Tribunal's refusal to grant further time for a second psychologist report, in light of reasons provided and circumstances, was not unreasonable. The Tribunal properly considered all aspects of the Protection Visa claim, and its credibility findings and ultimate determination were reasonably open. Accordingly, the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
10 May 2017
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['protection Visa' 'unreasonableness' 'complementary Protection' 'extension of Time']
['migration' 'administrative Law' 'human Rights'] ['protection Visa' 'unreasonableness' 'complementary Protection' 'extension of Time']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether Tribunal's refusal to grant extension of time for further psychologist's report was unreasonable" 'Whether all integers of the Protection Visa claim were considered by the Tribunal']

Ratio Decidendi

The Tribunal's refusal to grant further time for a second psychologist report, in light of reasons provided and circumstances, was not unreasonable. The Tribunal properly considered all aspects of the Protection Visa claim, and its credibility findings and ultimate determination were reasonably open. Accordingly, the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' 'The appellant is to pay the costs of the first respondent, which are fixed in the sum of $3,439.']