DMI16 v Federal Circuit Court of Australia [2018] FCAFC 95

DMI16 v Federal Circuit Court of Australia [2018] FCAFC 95

The appeal was dismissed because none of the alleged errors, including the rejection of country evidence, misconstruing s 477(2) functions, or breach of procedural fairness, constituted jurisdictional error; and non-jurisdictional errors were not apparent on the face of the orders made by the Federal Circuit Court, thus certiorari did not lie.

Parties
Appellant: DMI16; First Respondent: Federal Circuit Court of Australia; Second Respondent: Minister for Immigration and Border Protection; Third Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
25 June 2018
Procedural Posture
Appeal / Judgment on Appeal From Federal Court Decision Dismissing Application for Judicial Review
Outcome
Appeal dismissed with costs.
Legal Topics
Extension of Time Under Migration Act S 477(2), Judicial Review, Procedural Fairness, Jurisdictional Error, Non Jurisdictional Error, Writ of Certiorari
Migration Administrative Law Constitutional Law Extension of Time Under Migration Act S 477(2) Judicial Review Procedural Fairness Jurisdictional Error Non Jurisdictional Error +1 more

Case Brief

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Parties

DMI16

Appellant

Federal Circuit Court of Australia

First Respondent

Minister for Immigration and Border Protection

Second Respondent

Administrative Appeals Tribunal

Third Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Court Decision Dismissing Application for Judicial Review

Legal Issues

  1. 1 Whether Federal Circuit Court erroneously rejected evidence of increased risk of harm after Tribunal's decision
  2. 2 Whether Federal Circuit Court misconceived its function under s 477(2) in considering if appellant's case would succeed rather than if it was arguable
  3. 3 Whether Federal Circuit Court breached procedural fairness

Ratio Decidendi

The appeal was dismissed because none of the alleged errors, including the rejection of country evidence, misconstruing s 477(2) functions, or breach of procedural fairness, constituted jurisdictional error; and non-jurisdictional errors were not apparent on the face of the orders made by the Federal Circuit Court, thus certiorari did not lie.

Court Disposition

Appeal dismissed with costs.

Orders

  • Leave granted to appellant to further amend the notice of appeal.
  • Draft second amended notice of appeal placed on court file and stands as amended.