COS16 v Minster for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 112

COS16 v Minster for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 112

The appeal was dismissed because the notice of appeal and written submissions did not identify any sensible appellable error or jurisdictional error in the Federal Circuit Court's decision. The appellant's contentions amounted to an attempt to re-ventilate the merits and to rely on material not before the Authority or the Federal Circuit Court. The primary judge had considered the material before him, and no error was demonstrated.

Jurisdiction
Australia
Judgment Date
12 February 2020
Procedural Posture
Migration Appeal From the Federal Circuit Court of Australia Concerning Judicial Review of a Decision of the Immigration Assessment Authority / Appeal Dismissed
Outcome
Appeal dismissed with costs.
Legal Topics
['safe Haven Enterprise Visa' 'immigration Assessment Authority Review' 'judicial Review' 'jurisdictional Error' 'merits Review' 'new Evidence on Appeal']
['migration Law' 'administrative Law'] ['safe Haven Enterprise Visa' 'immigration Assessment Authority Review' 'judicial Review' 'jurisdictional Error' 'merits Review' 'new Evidence on Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Procedural Posture

Migration Appeal From the Federal Circuit Court of Australia Concerning Judicial Review of a Decision of the Immigration Assessment Authority / Appeal Dismissed

Legal Issues

  1. 1 ["Whether the Federal Circuit Court failed adequately to examine the appellant's evidence and thereby failed properly to exercise jurisdiction." "Whether the appellant identified appellable error or jurisdictional error in the Federal Circuit Court's dismissal of the judicial review application." 'Whether the appeal impermissibly sought merits review of findings made by the delegate and the Immigration Assessment Authority.' 'Whether material not before the Authority or the Federal Circuit Court could be relied upon on appeal.']

Ratio Decidendi

The appeal was dismissed because the notice of appeal and written submissions did not identify any sensible appellable error or jurisdictional error in the Federal Circuit Court's decision. The appellant's contentions amounted to an attempt to re-ventilate the merits and to rely on material not before the Authority or the Federal Circuit Court. The primary judge had considered the material before him, and no error was demonstrated.

Court Disposition

Appeal dismissed with costs.

Orders

  • ["The Minister's name be changed to 'Minster for Immigration, Citizenship, Migrant Services and Multicultural Affairs'." 'The appeal be dismissed.' 'The appellant pay the costs of the first respondent, fixed at $4,000.']