DMO17 v Minister for Immigration and Border Protection [2019] FCA 906

DMO17 v Minister for Immigration and Border Protection [2019] FCA 906

The proposed grounds of appeal lack merit and are not reasonably arguable. The applicant failed to demonstrate any material jurisdictional error by the Authority or primary judge, and leave to appeal is refused. Application is dismissed with costs.

Parties
Applicant: DMO17; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
14 June 2019
Procedural Posture
Application for Leave to Appeal / Judgment on Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Leave to Appeal, Judicial Review, Jurisdictional Error, Protection Visa, Fresh Grounds of Appeal
Migration Law Administrative Law Leave to Appeal Judicial Review Jurisdictional Error Protection Visa Fresh Grounds of Appeal

Case Brief

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Parties

DMO17

Applicant

Minister for Immigration and Border Protection

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Leave to Appeal

Legal Issues

  1. 1 Whether leave should be granted to appeal from the Federal Circuit Court's interlocutory dismissal of the applicant's judicial review application
  2. 2 Whether grounds advanced by the applicant are reasonably arguable and constitute jurisdictional error
  3. 3 Whether substantial injustice would occur if leave is refused

Ratio Decidendi

The proposed grounds of appeal lack merit and are not reasonably arguable. The applicant failed to demonstrate any material jurisdictional error by the Authority or primary judge, and leave to appeal is refused. Application is dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal be dismissed.
  • The Applicant pay the First Respondent's costs of the application.