FLW17 v Minister for Immigration and Border Protection [2019] FCA 352

FLW17 v Minister for Immigration and Border Protection [2019] FCA 352

The appeal had to be dismissed because the notice of appeal contained no identifiable ground of appeal, the appellant did not file an amended notice or written submissions identifying appellable error, his oral submissions did not address the primary judge's decision, and it was not for the Court to formulate grounds of appeal for him; no error by the primary judge was alleged or established and none was otherwise apparent.

Jurisdiction
Australia
Judgment Date
15 March 2019
Procedural Posture
Migration Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review / Appeal Dismissed
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'safe Haven Enterprise Visa' 'immigration Assessment Authority' 'judicial Review' 'jurisdictional Error' 'legal Unreasonableness' 'new Information' 'notice of Appeal' 'grounds of Appeal']
['migration' 'administrative Law'] ['protection Visa' 'safe Haven Enterprise Visa' 'immigration Assessment Authority' 'judicial Review' 'jurisdictional Error' 'legal Unreasonableness' 'new Information' 'notice of Appeal' 'grounds of Appeal']

Case Brief

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Procedural Posture

Migration Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review / Appeal Dismissed

Legal Issues

  1. 1 ['Whether the appeal should be dismissed where the notice of appeal contained no identifiable ground of appeal and no amended notice or submissions identifying appellable error were filed.' 'Whether the primary judge erred in finding that the Immigration Assessment Authority did not commit jurisdictional error or act legally unreasonably in not seeking further information about the letter from Hussaineyat Ale Yassin.']

Ratio Decidendi

The appeal had to be dismissed because the notice of appeal contained no identifiable ground of appeal, the appellant did not file an amended notice or written submissions identifying appellable error, his oral submissions did not address the primary judge's decision, and it was not for the Court to formulate grounds of appeal for him; no error by the primary judge was alleged or established and none was otherwise apparent.

Court Disposition

Appeal dismissed with costs.

Orders

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