DDN16 v Minister for Home Affairs [2018] FCA 1697

DDN16 v Minister for Home Affairs [2018] FCA 1697

The appeal was dismissed because the appellant did not appear and the Minister's application under r 36.75(1)(a)(i) was granted. In any event, no appellable error was shown: the proposed appeal grounds were not raised below, were bare assertions and had no merit; the primary judge did not err in upholding the Tribunal's credibility findings and rejection of the protection claims; and the invalid s 438 certificate concerned material relating only to identity, which the Tribunal accepted, so it was immaterial to the Tribunal's substantive and procedural decision-making and caused no practical injustice.

Jurisdiction
Australia
Judgment Date
07 November 2018
Procedural Posture
Migration Appeal From Dismissal of Judicial Review of Administrative Appeals Tribunal Decision Affirming Refusal of Protection Visa / Appeal in the Federal Court of Australia; Appellant Absent; Appeal Dismissed Under R 36.75(1)(a)(i) of the Federal Court Rules 2011 (cth)
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Protection' 'complementary Protection' 'jurisdictional Error' 'procedural Fairness' 's 438 Certificate' 'appellable Error' 'credibility Findings']
['migration' 'administrative Law' 'judicial Review'] ['protection Visa' 'refugee Protection' 'complementary Protection' 'jurisdictional Error' 'procedural Fairness' 's 438 Certificate' 'appellable Error' 'credibility Findings']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of Judicial Review of Administrative Appeals Tribunal Decision Affirming Refusal of Protection Visa / Appeal in the Federal Court of Australia; Appellant Absent; Appeal Dismissed Under R 36.75(1)(a)(i) of the Federal Court Rules 2011 (cth)

Legal Issues

  1. 1 ["Whether the primary judge made appellable error in dismissing the application for judicial review of the Tribunal's decision." 'Whether grounds not raised before the Federal Circuit Court should be permitted to be raised for the first time on appeal.' "Whether the Tribunal's credibility findings and rejection of the appellant's protection claims involved jurisdictional error or denial of procedural fairness." 'Whether the existence of an invalid certificate under s 438 of the Migration Act 1958 (Cth) established jurisdictional error where the Tribunal did not act on it and the material was immaterial.']

Ratio Decidendi

The appeal was dismissed because the appellant did not appear and the Minister's application under r 36.75(1)(a)(i) was granted. In any event, no appellable error was shown: the proposed appeal grounds were not raised below, were bare assertions and had no merit; the primary judge did not err in upholding the Tribunal's credibility findings and rejection of the protection claims; and the invalid s 438 certificate concerned material relating only to identity, which the Tribunal accepted, so it was immaterial to the Tribunal's substantive and procedural decision-making and caused no practical injustice.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), the appeal is dismissed.' 'The appellant pay the costs of the first respondent, as agreed or assessed.']