Saeed v Minister for Home Affairs [2019] FCA 172

Saeed v Minister for Home Affairs [2019] FCA 172

None of the applicant's proposed grounds of appeal disclosed an arguable case for relief or jurisdictional error. The written submissions and deferral request were made after the Tribunal had decided and did not impact the outcome. Information relevant to s 359A had been provided by the applicant and was uncontested. There was thus no error by the Tribunal or primary judge.

Parties
Applicant: Irshad Haider Saeed; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
07 February 2019
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
Judicial Review, Leave to Appeal, Jurisdictional Error
Administrative Law Immigration Law Judicial Review Leave to Appeal Jurisdictional Error

Case Brief

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Parties

Irshad Haider Saeed

Applicant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant's grounds for leave to appeal raise any arguable error of law or jurisdictional error
  2. 2 Whether there was jurisdictional error by the Tribunal in failing to consider written submissions, in failing to defer its decision, or in not making required enquiries under s 359A of the Migration Act 1958

Ratio Decidendi

None of the applicant's proposed grounds of appeal disclosed an arguable case for relief or jurisdictional error. The written submissions and deferral request were made after the Tribunal had decided and did not impact the outcome. Information relevant to s 359A had been provided by the applicant and was uncontested. There was thus no error by the Tribunal or primary judge.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal be dismissed.
  • The applicant pay the first respondent's costs as taxed or agreed.