CQV22 v Minister for Immigration and Multicultural Affairs [2024] FCA 1279

CQV22 v Minister for Immigration and Multicultural Affairs [2024] FCA 1279

No jurisdictional error by the Tribunal is established; the grounds of appeal are unparticularised and do not demonstrate any error affecting the decision. The appeal must be dismissed.

Parties
Appellant: CQV22; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Administrative Review Tribunal
Jurisdiction
Australia
Judgment Date
05 November 2024
Procedural Posture
Migration Appeal / Appeal From Federal Circuit and Family Court of Australia (division 2) (judicial Review) to Federal Court of Australia
Outcome
Appeal dismissed with costs
Legal Topics
Protection Visa, Judicial Review, Extension of Time, Jurisdictional Error, Procedural Fairness
Migration Protection Visa Judicial Review Extension of Time Jurisdictional Error Procedural Fairness

Case Brief

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Parties

CQV22

Appellant

Minister for Immigration and Multicultural Affairs

First Respondent

Administrative Review Tribunal

Second Respondent

Procedural Posture

Migration Appeal / Appeal From Federal Circuit and Family Court of Australia (division 2) (judicial Review) to Federal Court of Australia

Legal Issues

  1. 1 Whether the Federal Circuit and Family Court of Australia (Division 2) erred in dismissing the application for judicial review of the Tribunal's affirmation of the refusal to grant a protection visa
  2. 2 Whether the Tribunal's decision was affected by jurisdictional error, including not properly considering the appellant's claims, considering irrelevant issues, or acting unfairly

Ratio Decidendi

No jurisdictional error by the Tribunal is established; the grounds of appeal are unparticularised and do not demonstrate any error affecting the decision. The appeal must be dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • The name of the first respondent be amended to Minister for Immigration and Multicultural Affairs.
  • The time within which the appellant may file the notice of appeal be extended to 21 December 2023.