CJT15 v Minister for Immigration and Border Protection [2018] FCA 618

CJT15 v Minister for Immigration and Border Protection [2018] FCA 618

Leave to appeal the refusal of an adjournment and ground one was refused as there was no error and the claim regarding general violence was not sufficiently advanced; leave was granted for ground three but the Tribunal's conclusion regarding the availability of a family member to act as guarantor for bail was supported by evidence and was not illogical or unreasonable.

Parties
Appellant: CJT15; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
11 May 2018
Procedural Posture
Appeal / Judgment on Application for Leave to Appeal And, in Part, on the Merits
Outcome
Leave to appeal granted in part; appeal dismissed
Legal Topics
Protection Visas, Judicial Review, Jurisdictional Error, Adjournment Applications, Procedural Fairness, Unreasonableness in Tribunal Decisions
Administrative Law Migration Law Human Rights Law Protection Visas Judicial Review Jurisdictional Error Adjournment Applications Procedural Fairness +1 more

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Parties

CJT15

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Application for Leave to Appeal And, in Part, on the Merits

Legal Issues

  1. 1 Whether the primary judge erred in refusing to grant an adjournment of the hearing
  2. 2 Whether the Tribunal erred by failing to consider the risk of harm in detention arising from general or ubiquitous violence
  3. 3 Whether the Tribunal's finding regarding family acting as guarantor for bail was unreasonable or unsupported by evidence

Ratio Decidendi

Leave to appeal the refusal of an adjournment and ground one was refused as there was no error and the claim regarding general violence was not sufficiently advanced; leave was granted for ground three but the Tribunal's conclusion regarding the availability of a family member to act as guarantor for bail was supported by evidence and was not illogical or unreasonable.

Court Disposition

Leave to appeal granted in part; appeal dismissed

Orders

  • Leave to appeal from the decision refusing an adjournment is refused
  • Leave to appeal to rely on ground 1 is refused