CCA17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 179

CCA17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 179

The appellant failed to identify any jurisdictional error or appellable error by the primary judge of the Federal Circuit Court. The Tribunal's findings, including adverse credibility findings, were open on the evidence and were arrived at after proper procedures. There is no basis for the appeal and it is not the function of the Court to search for error where none is identified. The appeal is dismissed with costs.

Parties
Applicant: CCA17; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
21 February 2020
Procedural Posture
Migration Appeal / Appeal From Federal Circuit Court to Federal Court
Outcome
appeal dismissed
Legal Topics
Judicial Review, Protection Visa, Jurisdictional Error, Procedural Fairness
Migration Law Administrative Law Human Rights Judicial Review Protection Visa Jurisdictional Error Procedural Fairness

Case Brief

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Parties

CCA17

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Appeal / Appeal From Federal Circuit Court to Federal Court

Legal Issues

  1. 1 Whether the Federal Circuit Court committed jurisdictional error in upholding the Administrative Appeals Tribunal's affirmation of a decision refusing a protection visa
  2. 2 Whether procedural fairness was denied to the applicant by the Tribunal

Ratio Decidendi

The appellant failed to identify any jurisdictional error or appellable error by the primary judge of the Federal Circuit Court. The Tribunal's findings, including adverse credibility findings, were open on the evidence and were arrived at after proper procedures. There is no basis for the appeal and it is not the function of the Court to search for error where none is identified. The appeal is dismissed with costs.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant pay the first respondent's costs as agreed or taxed.