CLM19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1276

CLM19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1276

No jurisdictional error was shown in the Tribunal's consideration of the appellant's claims, evidence, and country information; nor was there an apprehension of bias or denial of natural justice. The grounds of appeal did not demonstrate error by the primary judge.

Jurisdiction
Australia
Judgment Date
20 October 2021
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['protection Visa' 'judicial Review' 'procedural Fairness' 'natural Justice' 'apprehension of Bias']
['administrative and Constitutional Law and Human Rights' 'migration'] ['protection Visa' 'judicial Review' 'procedural Fairness' 'natural Justice' 'apprehension of Bias']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Tribunal committed jurisdictional error by failing to take into account relevant material or relying upon irrelevant material.' 'Whether the Tribunal denied procedural fairness and natural justice by reason of apprehended bias.' 'Whether the Tribunal erred in its assessment of credibility and risk of persecution.']

Ratio Decidendi

No jurisdictional error was shown in the Tribunal's consideration of the appellant's claims, evidence, and country information; nor was there an apprehension of bias or denial of natural justice. The grounds of appeal did not demonstrate error by the primary judge.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs fixed in the amount of $4,000."]