FWR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 430

FWR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 430

The grounds for leave to appeal repeated prior arguments and failed to demonstrate any error by the primary judge; the Authority applied the relevant statutory test correctly, and no jurisdictional error or failure to take relevant considerations was established. Therefore, leave to appeal must be refused.

Parties
Applicant: FWR18; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
12 April 2022
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Leave to Appeal, Jurisdictional Error, Statutory Test Under Migration Act S 36(2)(aa), Reinstatement of Application
Migration Law Leave to Appeal Jurisdictional Error Statutory Test Under Migration Act S 36(2)(aa) Reinstatement of Application

Case Brief

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Parties

FWR18

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the Immigration Assessment Authority applied the correct test under s 36(2)(aa) of the Migration Act 1958 (Cth)
  2. 2 Whether the Authority failed to take into account a relevant consideration in assessing the applicant's claims

Ratio Decidendi

The grounds for leave to appeal repeated prior arguments and failed to demonstrate any error by the primary judge; the Authority applied the relevant statutory test correctly, and no jurisdictional error or failure to take relevant considerations was established. Therefore, leave to appeal must be refused.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for extension of time and leave to appeal stand as an application for leave to appeal.
  • The application for leave to appeal be dismissed with costs.