CMR16 v Minister for Immigration and Border Protection [2018] FCA 916

CMR16 v Minister for Immigration and Border Protection [2018] FCA 916

The appeal was dismissed because the appellant did not identify any appellable error in the Federal Circuit Court judge's reasons, and the new documents submitted in the Federal Court were not relevant to whether the Federal Circuit Court judge erred in dismissing the judicial review application.

Jurisdiction
Australia
Judgment Date
19 June 2018
Procedural Posture
Migration Appeal / Appeal From a Decision of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of an Immigration Assessment Authority Decision
Outcome
Appeal dismissed with costs.
Legal Topics
['safe Haven Enterprise Visa' 'immigration Assessment Authority' 'fast Track Reviewable Decision' 'new Information' 'procedural Fairness' 'jurisdictional Error' 'appellable Error']
['migration' 'administrative Law'] ['safe Haven Enterprise Visa' 'immigration Assessment Authority' 'fast Track Reviewable Decision' 'new Information' 'procedural Fairness' 'jurisdictional Error' 'appellable Error']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From a Decision of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of an Immigration Assessment Authority Decision

Legal Issues

  1. 1 ["Whether the Federal Circuit Court judge committed appellable legal error in dismissing the appellant's application for judicial review of the Immigration Assessment Authority decision." 'Whether documents first submitted on appeal to the Federal Court were relevant to establishing appellable error by the Federal Circuit Court judge.' 'Whether the Federal Circuit Court judge erred in rejecting grounds concerning procedural fairness, new information under s 473DD of the Migration Act 1958 (Cth), a duty to inquire, subsistence on return to Sri Lanka, and bail or release after illegal departure charges.']

Ratio Decidendi

The appeal was dismissed because the appellant did not identify any appellable error in the Federal Circuit Court judge's reasons, and the new documents submitted in the Federal Court were not relevant to whether the Federal Circuit Court judge erred in dismissing the judicial review application.

Court Disposition

Appeal dismissed with costs.

Orders

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