CBZ17 v Minister for Immigration and Border Protection [2018] FCA 1762

CBZ17 v Minister for Immigration and Border Protection [2018] FCA 1762

Leave to appeal was refused because the Federal Circuit Court judgment was interlocutory and the applicant did not show sufficient doubt about its correctness. The s 438 certificates had been discussed during the Tribunal hearing, were treated as invalid, and were not acted upon, so it was not arguable that procedural fairness was denied. The Tribunal did not ignore the applicant's domestic violence or Christianity claims, but considered them at substantial length, and the remaining procedural fairness ground was unparticularised and did not disclose an arguable jurisdictional error.

Jurisdiction
Australia
Judgment Date
14 November 2018
Procedural Posture
Migration Application for Leave to Appeal From Federal Circuit Court Dismissal of an Application for Judicial Review of an Administrative Appeals Tribunal Decision Refusing a Protection Visa / Application for Leave to Appeal
Outcome
Application for leave to appeal refused.
Legal Topics
['protection Visa' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'natural Justice' 'migration Act S 438 Certificates' 'leave to Appeal From Interlocutory Judgment']
['migration' 'administrative Law'] ['protection Visa' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'natural Justice' 'migration Act S 438 Certificates' 'leave to Appeal From Interlocutory Judgment']

Case Brief

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Procedural Posture

Migration Application for Leave to Appeal From Federal Circuit Court Dismissal of an Application for Judicial Review of an Administrative Appeals Tribunal Decision Refusing a Protection Visa / Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the applicant required leave to appeal because the Federal Circuit Court judgment was interlocutory.' 'Whether the primary judge arguably erred in finding no denial of procedural fairness in relation to s 438 certificates.' "Whether the primary judge arguably erred in finding that the Tribunal considered the applicant's claims concerning domestic violence and conversion to Christianity." 'Whether an unparticularised allegation that the Tribunal denied procedural fairness disclosed an arguable jurisdictional error.']

Ratio Decidendi

Leave to appeal was refused because the Federal Circuit Court judgment was interlocutory and the applicant did not show sufficient doubt about its correctness. The s 438 certificates had been discussed during the Tribunal hearing, were treated as invalid, and were not acted upon, so it was not arguable that procedural fairness was denied. The Tribunal did not ignore the applicant's domestic violence or Christianity claims, but considered them at substantial length, and the remaining procedural fairness ground was unparticularised and did not disclose an arguable jurisdictional error.

Court Disposition

Application for leave to appeal refused.

Orders

  • ['The application for leave to appeal is refused.' "The applicant is to pay the first respondent's costs, as agreed or assessed."]