EHJ17 v Minister for Immigration and Border Protection [2018] FCA 1869

EHJ17 v Minister for Immigration and Border Protection [2018] FCA 1869

The Tribunal rationally explained why it did not accept appellant’s evidence; allegations about ignored evidence or failure to evaluate claims were unfounded and unparticularised; jurisdictional error not established; appeal must be dismissed.

Jurisdiction
Australia
Judgment Date
23 November 2018
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['migration' 'protection Visa' 'judicial Review' 'jurisdictional Error']
['administrative and Constitutional Law' 'human Rights'] ['migration' 'protection Visa' 'judicial Review' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Federal Circuit Court erred in not accepting evidence from appellant' 'Whether the Tribunal committed jurisdictional error by failing to take into account relevant considerations or overlooking evidence' 'Whether Tribunal failed to properly assess appellant’s claims of fear and persecution']

Ratio Decidendi

The Tribunal rationally explained why it did not accept appellant’s evidence; allegations about ignored evidence or failure to evaluate claims were unfounded and unparticularised; jurisdictional error not established; appeal must be dismissed.

Court Disposition

appeal dismissed

Orders

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