DDG16 v Minister for Immigration and Border Protection [2018] FCA 1874

DDG16 v Minister for Immigration and Border Protection [2018] FCA 1874

No error was shown in the Federal Circuit Court’s dismissal of the application; the Tribunal’s adverse credibility findings were open on the evidence and no procedural unfairness or legal error was established; the appeal must be dismissed.

Jurisdiction
Australia
Judgment Date
28 November 2018
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court
Outcome
Appeal dismissed
Legal Topics
['protection Visas' 'tribunal Review' 'adverse Credibility Findings' 'judicial Review' 'procedural Fairness']
['migration Law' 'administrative Law'] ['protection Visas' 'tribunal Review' 'adverse Credibility Findings' 'judicial Review' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court

Legal Issues

  1. 1 ['Whether adverse credibility findings made by the Tribunal were open to it' "Whether the Tribunal's decision involved legal error" 'Whether there was a denial of procedural fairness']

Ratio Decidendi

No error was shown in the Federal Circuit Court’s dismissal of the application; the Tribunal’s adverse credibility findings were open on the evidence and no procedural unfairness or legal error was established; the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs, to be fixed by way of a lump sum." "Within 14 days, the parties file any agreed proposed minute of orders fixing a lump sum in relation to the first respondent's costs." 'In the absence of any agreement pursuant to paragraph 3, within 21...