CDF16 v Minister for Immigration and Border Protection [2017] FCA 1351

CDF16 v Minister for Immigration and Border Protection [2017] FCA 1351

The Tribunal did not fail to consider each integer of the claims of the appellant. There was no error by the primary judge in so concluding. No jurisdictional error on the part of the Tribunal was made out.

Parties
Appellant: CDF16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
17 November 2017
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Judicial Review, Protection Visa, Tribunal Decision, Ministerial Direction, Jurisdictional Error
Administrative Law Constitutional Law Human Rights Law Immigration Law Judicial Review Protection Visa Tribunal Decision Ministerial Direction +1 more

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Parties

CDF16

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Tribunal failed to consider an integer of the applicant's claims
  2. 2 Whether the Tribunal failed to comply with ministerial direction 56 in contravention of section 499(2A) of the Migration Act 1958 (Cth)

Ratio Decidendi

The Tribunal did not fail to consider each integer of the claims of the appellant. There was no error by the primary judge in so concluding. No jurisdictional error on the part of the Tribunal was made out.

Court Disposition

Appeal dismissed with costs

Orders

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