CEY16 v Minister for Immigration and Border Protection [2018] FCA 492

CEY16 v Minister for Immigration and Border Protection [2018] FCA 492

The appeal must be dismissed because the Tribunal did not fall into jurisdictional error; it received and considered the relevant submissions and engaged intellectually with them; adverse credibility findings were not solely reliant on the applicant's inability to recall dates, and no error was established in the primary judge's findings.

Jurisdiction
Australia
Judgment Date
01 March 2018
Procedural Posture
Appeal / Federal Court Appeal From Dismissal of Judicial Review by Federal Circuit Court
Outcome
Appeal dismissed
Legal Topics
['judicial Review' 'protection Visa' 'jurisdictional Error' 'adverse Credibility Findings']
['migration Law'] ['judicial Review' 'protection Visa' 'jurisdictional Error' 'adverse Credibility Findings']

Case Brief

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Procedural Posture

Appeal / Federal Court Appeal From Dismissal of Judicial Review by Federal Circuit Court

Legal Issues

  1. 1 ['Whether the Tribunal failed to consider post-hearing submissions constituting jurisdictional error' "Whether the Tribunal's adverse credibility findings constituted jurisdictional error"]

Ratio Decidendi

The appeal must be dismissed because the Tribunal did not fall into jurisdictional error; it received and considered the relevant submissions and engaged intellectually with them; adverse credibility findings were not solely reliant on the applicant's inability to recall dates, and no error was established in the primary judge's findings.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' "The appellant pay the first respondent's costs of the appeal."]