DTS16 v Minister for Immigration and Border Protection [2018] FCA 1845

DTS16 v Minister for Immigration and Border Protection [2018] FCA 1845

The appeal was dismissed because the notice of appeal and oral submissions disclosed no proper or viable grounds identifying appellable error by the primary judge. The first asserted ground was wrong because the primary judge had considered and dismissed the Federal Circuit Court grounds and affidavit complaints; the second did not establish error, particularly where the appellant had taken no steps to obtain the reasons and the written judgment was available. The appellant's further submissions were directed to the merits of his protection claims and did not establish jurisdictional error or error in the primary judge's reasons.

Jurisdiction
Australia
Judgment Date
20 November 2018
Procedural Posture
Migration Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection Visa / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'judicial Review' 'administrative Appeals Tribunal' 'jurisdictional Error' 'grounds of Appeal' 'credibility Findings' 'corroborative Evidence']
['migration' 'administrative Law'] ['protection Visa' 'judicial Review' 'administrative Appeals Tribunal' 'jurisdictional Error' 'grounds of Appeal' 'credibility Findings' 'corroborative Evidence']

Case Brief

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Procedural Posture

Migration Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection Visa / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the appellant identified any proper or viable grounds of appeal from the Federal Circuit Court's dismissal of his judicial review application." 'Whether the primary judge failed to consider the grounds raised in the Federal Circuit Court application.' "Whether the Tribunal erred in giving no weight to witness statements after rejecting the appellant's credibility and claims." "Whether the appellant's submissions identified jurisdictional error rather than merely contesting the merits of the protection visa decision."]

Ratio Decidendi

The appeal was dismissed because the notice of appeal and oral submissions disclosed no proper or viable grounds identifying appellable error by the primary judge. The first asserted ground was wrong because the primary judge had considered and dismissed the Federal Circuit Court grounds and affidavit complaints; the second did not establish error, particularly where the appellant had taken no steps to obtain the reasons and the written judgment was available. The appellant's further submissions were directed to the merits of his protection claims and did not establish jurisdictional error or error in the primary judge's reasons.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs as assessed or agreed."]