EKK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1992

EKK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1992

Grounds 1 and 3 of the appeal were refused leave as they raised new issues without any evidentiary foundation and thus had no reasonable prospect of success; ground 2, challenging the Tribunal's credibility findings, failed because the Tribunal identified particular inconsistencies in the appellant's evidence which provided a logical foundation for its adverse credibility findings, and therefore no jurisdictional error occurred.

Jurisdiction
Australia
Judgment Date
12 November 2019
Procedural Posture
Appeal / Federal Court Appeal From Federal Circuit Court Judgment Dismissing Application for Judicial Review
Outcome
Appeal dismissed
Legal Topics
['protection Visa' 'judicial Review' 'appeals' 'credibility Assessment' 'jurisdictional Error']
['administrative Law' 'migration Law'] ['protection Visa' 'judicial Review' 'appeals' 'credibility Assessment' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal / Federal Court Appeal From Federal Circuit Court Judgment Dismissing Application for Judicial Review

Legal Issues

  1. 1 ['Whether leave should be granted to raise new grounds of appeal not raised before the Federal Circuit Court' "Whether the Tribunal's rejection of the appellant's evidence on credibility grounds was illogical or irrational"]

Ratio Decidendi

Grounds 1 and 3 of the appeal were refused leave as they raised new issues without any evidentiary foundation and thus had no reasonable prospect of success; ground 2, challenging the Tribunal's credibility findings, failed because the Tribunal identified particular inconsistencies in the appellant's evidence which provided a logical foundation for its adverse credibility findings, and therefore no jurisdictional error occurred.

Court Disposition

Appeal dismissed

Orders

  • ["The name of the first respondent be amended to 'Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs'." 'The appellant be refused leave to raise new grounds 1 and 3 in the notice of appeal.' 'The appeal be dismissed.' "The appellant pay the first respondent's costs of and incidental to...