BXC15 v Minister for Immigration and Border Protection [2017] FCA 682

BXC15 v Minister for Immigration and Border Protection [2017] FCA 682

The proposed new grounds for appeal lacked merit as the Tribunal had regard to the relevant evidence and gave proper consideration to the appellant’s claims; no jurisdictional error was established. Leave to amend the notice of appeal was refused and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
16 June 2017
Procedural Posture
Appeal / Judgment on Application for Leave to Amend Notice of Appeal and Final Disposition
Outcome
Appeal dismissed. Leave to amend the notice of appeal refused.
Legal Topics
['judicial Review' 'refugee Status Determination' 'jurisdictional Error' 'appellate Procedure']
['administrative Law' 'immigration Law' 'human Rights Law'] ['judicial Review' 'refugee Status Determination' 'jurisdictional Error' 'appellate Procedure']

Case Brief

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Procedural Posture

Appeal / Judgment on Application for Leave to Amend Notice of Appeal and Final Disposition

Legal Issues

  1. 1 ['Whether leave to amend the notice of appeal should be granted to raise new grounds not raised before the primary judge' "Whether the Tribunal failed to consider relevant evidence or failed to give proper, genuine and realistic consideration to the appellant's claims, constituting jurisdictional error"]

Ratio Decidendi

The proposed new grounds for appeal lacked merit as the Tribunal had regard to the relevant evidence and gave proper consideration to the appellant’s claims; no jurisdictional error was established. Leave to amend the notice of appeal was refused and the appeal dismissed.

Court Disposition

Appeal dismissed. Leave to amend the notice of appeal refused.

Orders

  • ['Leave to amend the notice of appeal be refused.' 'The appeal be dismissed.' "The Appellant pay the First Respondent's costs of the appeal, such costs to be taxed in default of agreement."]