DDQ17 v Minister for Immigration and Border Protection [2018] FCA 1223

DDQ17 v Minister for Immigration and Border Protection [2018] FCA 1223

The Immigration Assessment Authority did not retain real doubt as to the appellant's lack of an imputed LTTE profile and was not required to consider the possibility of being wrong. No jurisdictional error occurred. The appeal fails on all grounds, and leave to rely on additional grounds not raised before the primary judge was refused.

Jurisdiction
Australia
Judgment Date
24 August 2018
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed with costs
Legal Topics
['judicial Review' 'protection Visas' 'jurisdictional Error' 'natural Justice' 'merits Review']
['migration Law' 'administrative Law'] ['judicial Review' 'protection Visas' 'jurisdictional Error' 'natural Justice' 'merits Review']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the Immigration Assessment Authority committed jurisdictional error by failing to consider the possibility of the appellant being imputed with an LTTE profile' 'Whether the Authority erred in its application of Part 7AA of the Migration Act 1958' 'Whether the Authority denied natural justice by not putting updated country information to the appellant' 'Whether the Authority misapplied the test in s 36(2)(a) of the Migration Act 1958']

Ratio Decidendi

The Immigration Assessment Authority did not retain real doubt as to the appellant's lack of an imputed LTTE profile and was not required to consider the possibility of being wrong. No jurisdictional error occurred. The appeal fails on all grounds, and leave to rely on additional grounds not raised before the primary judge was refused.

Court Disposition

appeal dismissed with costs

Orders

  • ['Leave to rely upon appeal grounds 2-8 be refused.' 'The appeal be dismissed.' 'The appellant pay the costs of the first respondent as agreed or assessed.']