CCB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 332

CCB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 332

The applicant failed to provide particulars supporting grounds of jurisdictional error; neither the Tribunal nor the primary judge erred in failing to consider relevant considerations or in considering irrelevant ones; no jurisdictional error or injustice arose from the treatment of the section 438 certificate; no arguable case established. Leave to appeal refused and application dismissed.

Jurisdiction
Australia
Judgment Date
04 April 2022
Procedural Posture
Appeal / Application for Leave to Appeal Interlocutory Judgment
Outcome
Application for leave to appeal refused and application dismissed with costs
Legal Topics
['judicial Review' 'jurisdictional Error' 'relevant and Irrelevant Considerations' 'grant of Leave to Appeal' 'interlocutory Orders']
['migration Law' 'administrative Law'] ['judicial Review' 'jurisdictional Error' 'relevant and Irrelevant Considerations' 'grant of Leave to Appeal' 'interlocutory Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Application for Leave to Appeal Interlocutory Judgment

Legal Issues

  1. 1 ['Whether the Tribunal failed to take into account relevant considerations' 'Whether the Tribunal took into account irrelevant considerations' 'Whether a practical injustice arose from not putting section 438 Migration Act certificate to the applicant' 'Whether leave to appeal should be granted from interlocutory order']

Ratio Decidendi

The applicant failed to provide particulars supporting grounds of jurisdictional error; neither the Tribunal nor the primary judge erred in failing to consider relevant considerations or in considering irrelevant ones; no jurisdictional error or injustice arose from the treatment of the section 438 certificate; no arguable case established. Leave to appeal refused and application dismissed.

Court Disposition

Application for leave to appeal refused and application dismissed with costs

Orders

  • ['Leave to appeal is refused.' 'The application is dismissed.' "The applicant pay the respondent's costs in the fixed amount of $4000."]