DDJ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 728

DDJ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 728

The applicant's new ground does not raise sufficient doubt about the correctness of the Federal Circuit Court decision, as the Tribunal's findings were reasonably open and not illogical or irrational. There is therefore no basis for leave to appeal against the order dismissing the applicant's application for judicial review.

Jurisdiction
Australia
Judgment Date
29 May 2020
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Before the Federal Court of Australia
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
['application for Leave to Appeal' 'jurisdictional Error' 'credit Findings' 'federal Circuit Court Dismissal' 'weight of Evidence' 'adverse Credibility Finding']
['migration'] ['application for Leave to Appeal' 'jurisdictional Error' 'credit Findings' 'federal Circuit Court Dismissal' 'weight of Evidence' 'adverse Credibility Finding']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal Before the Federal Court of Australia

Legal Issues

  1. 1 ['Whether leave to raise a new ground alleging jurisdictional error based on illogical credit findings should be granted' 'Whether the Administrative Appeals Tribunal made adverse credit findings without logical, rational or probative basis']

Ratio Decidendi

The applicant's new ground does not raise sufficient doubt about the correctness of the Federal Circuit Court decision, as the Tribunal's findings were reasonably open and not illogical or irrational. There is therefore no basis for leave to appeal against the order dismissing the applicant's application for judicial review.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • ["The applicant's application for leave to appeal be dismissed." 'The applicant pay the costs of the first respondent as agreed or taxed.']