CON15 v Minister for Immigration and Border Protection [2018] FCA 448

Leave to appeal was refused because the applicant failed to advance an arguable case of jurisdictional error, and the Tribunal had considered all relevant grounds including risks related to illegal departure and potential imputation as a pro-LTTE supporter; factual findings and legal assessment were comprehensive and based on appropriate evidence.

Jurisdiction: Australia
Judgment Date: 26 March 2018
Procedural Posture: Migration Application for Leave to Appeal / Application for Leave to Appeal From Federal Circuit Court Decision
Outcome: Leave to appeal refused; application dismissed with costs
Legal Topics: ['judicial Review' 'jurisdictional Error' 'refugee and Complementary Protection' 'adjournment Application' 'credibility Assessment']

['administrative Law' 'migration Law' 'human Rights Law'] ['judicial Review' 'jurisdictional Error' 'refugee and Complementary Protection' 'adjournment Application' 'credibility Assessment']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

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

Legal Issues

1 ["Whether Tribunal failed to consider a relevant consideration in applicant's Convention claims" 'Whether Tribunal committed jurisdictional error' 'Whether applicant entitled to further adjournment']

Ratio Decidendi

Court Disposition

Leave to appeal refused; application dismissed with costs

Orders

['Leave to appeal is refused and the application is dismissed.' "The applicant must pay the first respondent's costs as agreed or taxed."]