DPB16 v Minister for Immigration and Border Protection [2019] FCA 121

DPB16 v Minister for Immigration and Border Protection [2019] FCA 121

No error by the primary judge was established regarding findings of bias, consideration of evidence, or procedural fairness. The Tribunal's findings on credibility and evidence were open to it, and the grounds of appeal lack merit.

Jurisdiction
Australia
Judgment Date
13 February 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['judicial Review' 'protection Visas' 'credibility Findings' 'procedural Fairness']
['administrative Law' 'immigration Law'] ['judicial Review' 'protection Visas' 'credibility Findings' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Tribunal erred by bias or personal opinion against the appellant' 'Whether the Tribunal failed to consider relevant evidence or gave insufficient weight to evidence' 'Whether the Tribunal erred procedurally by not informing the appellant about giving evidence']

Ratio Decidendi

No error by the primary judge was established regarding findings of bias, consideration of evidence, or procedural fairness. The Tribunal's findings on credibility and evidence were open to it, and the grounds of appeal lack merit.

Court Disposition

Appeal dismissed with costs

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs in the agreed amount of $3,000."]