CQV16 v Minister for Immigration and Border Protection [2019] FCA 1098

CQV16 v Minister for Immigration and Border Protection [2019] FCA 1098

Neither the delays in the AAT nor the FCCA gave rise to jurisdictional or appealable error, as the AAT's adverse credibility findings were not based on the applicant's demeanour and the delay did not impair the evaluation of claims. Fresh evidence was irrelevant to the only judicial review ground permitted. The FCCA was not obliged to determine all proposed grounds of review once time was extended, but could limit its determination to the only reasonably arguable ground. All relevant refugee claims were considered and rejected on their merits by the Tribunal.

Jurisdiction
Australia
Judgment Date
15 July 2019
Procedural Posture
Appeal From Federal Circuit Court Orders in a Judicial Review Proceeding / Final Judgment and Orders on Appeal
Outcome
Appeal dismissed, interlocutory application dismissed
Legal Topics
['judicial Review' 'delay in Decision Making' 'protection Visa' 'credibility Assessment' 'procedural Fairness' 'extension of Time' 'evidence on Appeal']
['migration Law' 'administrative Law'] ['judicial Review' 'delay in Decision Making' 'protection Visa' 'credibility Assessment' 'procedural Fairness' 'extension of Time' 'evidence on Appeal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal From Federal Circuit Court Orders in a Judicial Review Proceeding / Final Judgment and Orders on Appeal

Legal Issues

  1. 1 ['Whether delays by the AAT or FCCA constituted jurisdictional or appealable error' "Whether the AAT's adverse credibility findings were based on applicant's demeanour" 'Whether fresh evidence should be admitted on appeal' 'Whether the extension of time required determination of all proposed grounds of review' "Whether the applicant's refugee claims based on political opinion or social group were properly considered"]

Ratio Decidendi

Neither the delays in the AAT nor the FCCA gave rise to jurisdictional or appealable error, as the AAT's adverse credibility findings were not based on the applicant's demeanour and the delay did not impair the evaluation of claims. Fresh evidence was irrelevant to the only judicial review ground permitted. The FCCA was not obliged to determine all proposed grounds of review once time was extended, but could limit its determination to the only reasonably arguable ground. All relevant refugee claims were considered and rejected on their merits by the Tribunal.

Court Disposition

Appeal dismissed, interlocutory application dismissed

Orders

  • ['The interlocutory application filed on 14 June 2019 be dismissed.' 'The appeal be dismissed.' "The appellant pay the first respondent's costs, as agreed or assessed."]