FDN17 v Minister for Immigration & Border Protection [2019] FCA 1395

There was no error by the Federal Circuit Court or the IAA; the IAA's findings and credibility determinations were reasonably open on the evidence and all grounds of appeal failed.

Jurisdiction: Australia
Judgment Date: 03 September 2019
Procedural Posture: Migration Appeal / Appeal From Federal Circuit Court Judgment
Outcome: Appeal dismissed
Legal Topics: ['judicial Review' 'immigration Assessment Authority' 'safe Haven Enterprise Visa' 'amended Notice of Appeal']

['migration Law'] ['judicial Review' 'immigration Assessment Authority' 'safe Haven Enterprise Visa' 'amended Notice of Appeal']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From Federal Circuit Court Judgment

Legal Issues

1 ['Whether the Federal Circuit Court erred in dismissing the application for judicial review' 'Whether the Immigration Assessment Authority erred in assessing credibility and evidence regarding extortion claims' "Whether the IAA failed to consider the appellant's claim about survival as a jeweller"]

Ratio Decidendi

There was no error by the Federal Circuit Court or the IAA; the IAA's findings and credibility determinations were reasonably open on the evidence and all grounds of appeal failed.

Court Disposition

Appeal dismissed

Orders

['Leave granted to appellant to rely on amended notice of appeal' 'Appeal dismissed' "Appellant to pay first respondent's costs as agreed or taxed"]