CTD17 v Minister for Home Affairs [2018] FCA 1786

CTD17 v Minister for Home Affairs [2018] FCA 1786

There was no arguable jurisdictional error by the Immigration Assessment Authority or error in the Federal Circuit Court's summary dismissal; the applicant's grounds did not raise legal error but disagreed with findings reasonably open on the evidence.

Jurisdiction
Australia
Judgment Date
14 November 2018
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Federal Circuit Court, Summarily Dismissed
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['judicial Review' 'leave to Appeal' 'protection Visas' 'jurisdictional Error']
['administrative Law' 'migration Law'] ['judicial Review' 'leave to Appeal' 'protection Visas' 'jurisdictional Error']

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

Application for Leave to Appeal / Leave to Appeal From Federal Circuit Court, Summarily Dismissed

Legal Issues

  1. 1 ['Whether the Immigration Assessment Authority made a jurisdictional error in affirming refusal of a protection visa' 'Whether the refusal to grant a protection visa was affected by relevant errors, including failure to consider material claims' 'Whether leave to appeal should be granted']

Ratio Decidendi

There was no arguable jurisdictional error by the Immigration Assessment Authority or error in the Federal Circuit Court's summary dismissal; the applicant's grounds did not raise legal error but disagreed with findings reasonably open on the evidence.

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 fixed in the sum of $1756."]