CNR17 v Minister for Immigration and Border Protection [2019] FCA 658

CNR17 v Minister for Immigration and Border Protection [2019] FCA 658

The applicant did not demonstrate any error in the primary judge’s dismissal of his judicial review application or establish lack of procedural fairness. The decision was not attended by sufficient doubt to warrant reconsideration, and leave to appeal should be refused.

Jurisdiction
Australia
Judgment Date
17 May 2019
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Decision of Federal Circuit Court
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['migration' 'judicial Review' 'procedural Fairness' 'show Cause Hearing']
['administrative Law' 'constitutional Law' 'human Rights Law'] ['migration' 'judicial Review' 'procedural Fairness' 'show Cause Hearing']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Decision of Federal Circuit Court

Legal Issues

  1. 1 ['Whether the primary judge erred in dismissing the application for judicial review' 'Whether sufficient procedural fairness was afforded to the applicant' 'Whether leave to appeal should be granted because the judgment is attended by sufficient doubt']

Ratio Decidendi

The applicant did not demonstrate any error in the primary judge’s dismissal of his judicial review application or establish lack of procedural fairness. The decision was not attended by sufficient doubt to warrant reconsideration, and leave to appeal should be refused.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs as agreed or assessed."]