DZAEJ v Minister for Immigration and Border Protection [2016] FCA 885

DZAEJ v Minister for Immigration and Border Protection [2016] FCA 885

None of the appellant's grounds of appeal identified any error on the part of the Federal Circuit Court; the grounds were either new and required leave or addressed only alleged errors of fact or adverse credibility findings by the Tribunal, which are not appealable in this context. No unreasonableness or jurisdictional error by the Tribunal or Federal Circuit Court was found.

Jurisdiction
Australia
Judgment Date
04 August 2016
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['judicial Review' 'tribunal Decisions' 'credibility Findings' 'jurisdictional Error' 'unreasonableness']
['migration Law' 'administrative Law'] ['judicial Review' 'tribunal Decisions' 'credibility Findings' 'jurisdictional Error' 'unreasonableness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the Federal Circuit Court erred in dismissing the application for judicial review of the Tribunal's decision" 'Whether any appealable error was identified in the Federal Circuit Court judgment' "Whether the Tribunal's adverse credibility finding and use of the compliance interview was legally unreasonable"]

Ratio Decidendi

None of the appellant's grounds of appeal identified any error on the part of the Federal Circuit Court; the grounds were either new and required leave or addressed only alleged errors of fact or adverse credibility findings by the Tribunal, which are not appealable in this context. No unreasonableness or jurisdictional error by the Tribunal or Federal Circuit Court was found.

Court Disposition

Appeal dismissed

Orders

  • ['Leave to raise grounds 2 to 4 and 6 to 9 in the notice of appeal is refused' 'The appeal is dismissed' "The appellant is to pay the first respondent's costs to be fixed in the sum of $6,439.00"]