BYT16 v Minister for Immigration and Border Protection [2017] FCA 1003

BYT16 v Minister for Immigration and Border Protection [2017] FCA 1003

There was no sufficient doubt about the decision of the Federal Circuit Court; the grounds advanced did not establish arguable error by the Tribunal or denial of procedural fairness, and the primary judge properly dealt with all relevant issues.

Jurisdiction
Australia
Judgment Date
18 August 2017
Procedural Posture
Application for Leave to Appeal / Dismissal of Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed. Costs ordered against the applicant.
Legal Topics
['leave to Appeal' 'jurisdictional Error' 'complementary Protection' 'procedural Fairness']
['migration Law' 'administrative Law'] ['leave to Appeal' 'jurisdictional Error' 'complementary Protection' 'procedural Fairness']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Dismissal of Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether there is sufficient doubt about the correctness of the decision of the Federal Circuit Court to warrant leave to appeal' 'Whether the Administrative Appeals Tribunal applied the correct test under s 36(2)(aa) of the Migration Act 1958 (Cth)' 'Whether the Tribunal failed to deal with relevant factual issues and evidence' 'Whether the Tribunal denied the applicant procedural fairness']

Ratio Decidendi

There was no sufficient doubt about the decision of the Federal Circuit Court; the grounds advanced did not establish arguable error by the Tribunal or denial of procedural fairness, and the primary judge properly dealt with all relevant issues.

Court Disposition

Application for leave to appeal dismissed. Costs ordered against the applicant.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs of the application for leave to appeal as agreed or taxed."]