BQZ16 v Minister for Immigration and Border Protection [2018] FCA 261

BQZ16 v Minister for Immigration and Border Protection [2018] FCA 261

The appeal was dismissed as none of the grounds advanced disclosed jurisdictional error or breach of procedural fairness by the Tribunal or error on the part of the Federal Circuit Court. Factual errors or adverse credibility findings do not in themselves give rise to reviewable error, and new evidence or claims not before earlier courts could not found the appeal.

Jurisdiction
Australia
Judgment Date
06 March 2018
Procedural Posture
Appeal / Judgment Federal Court of Australia
Outcome
Appeal dismissed
Legal Topics
['judicial Review' 'procedural Fairness' 'complementary Protection' 'jurisdictional Error']
['administrative Law' 'migration Law'] ['judicial Review' 'procedural Fairness' 'complementary Protection' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal / Judgment Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Tribunal failed to apply the correct test for complementary protection under s 36(2)(aa) of the Migration Act' 'Whether factual errors by the Tribunal amounted to jurisdictional error' 'Whether denial of natural justice or procedural fairness occurred' "Whether Tribunal's questions or credibility findings constituted jurisdictional error"]

Ratio Decidendi

The appeal was dismissed as none of the grounds advanced disclosed jurisdictional error or breach of procedural fairness by the Tribunal or error on the part of the Federal Circuit Court. Factual errors or adverse credibility findings do not in themselves give rise to reviewable error, and new evidence or claims not before earlier courts could not found the appeal.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' "The appellant do pay the first respondent's costs of the appeal to be assessed if not agreed."]