Veliu v Minister for Immigration and Border Protection [2018] FCA 53

Veliu v Minister for Immigration and Border Protection [2018] FCA 53

None of the grounds for judicial review were established: there was no sufficient basis for apprehended bias, no failure to consider present good conduct (including police certificate), and the Tribunal correctly applied the standard of risk in its assessment. Application dismissed and costs awarded against the applicant.

Jurisdiction
Australia
Judgment Date
07 February 2018
Procedural Posture
Judicial Review / Federal Court First Instance Decision
Outcome
Application dismissed
Legal Topics
['judicial Review' 'apprehended Bias' 'character Test' 'ministerial Discretion' 'standard of Risk Assessment']
['migration Law' 'administrative Law'] ['judicial Review' 'apprehended Bias' 'character Test' 'ministerial Discretion' 'standard of Risk Assessment']

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

Judicial Review / Federal Court First Instance Decision

Legal Issues

  1. 1 ["Whether the Tribunal's decision was affected by apprehended bias" "Whether the Tribunal failed to give sufficient weight to the visa applicant's present conduct as evidence of good character" 'Whether the Tribunal applied the correct standard regarding the likelihood of risk of repeat conduct']

Ratio Decidendi

None of the grounds for judicial review were established: there was no sufficient basis for apprehended bias, no failure to consider present good conduct (including police certificate), and the Tribunal correctly applied the standard of risk in its assessment. Application dismissed and costs awarded against the applicant.

Court Disposition

Application dismissed

Orders

  • ['Leave granted to rely on amended application dated 16 January 2018' 'Amended application is dismissed' "Applicant to pay first respondent's costs, as agreed or taxed"]