DJS16 v Minister for Immigration and Border Protection [2019] FCA 254

DJS16 v Minister for Immigration and Border Protection [2019] FCA 254

The Tribunal's impugned findings were open to it on the evidence and were not illogical, irrational, or legally unreasonable. Differences in fact-finding approaches between Tribunal and delegate did not amount to jurisdictional error. The appeal was therefore dismissed.

Jurisdiction
Australia
Judgment Date
05 March 2019
Procedural Posture
Appeal / Federal Court of Australia – Judgment on Appeal From Federal Circuit Court
Outcome
Appeal dismissed
Legal Topics
['judicial Review' 'irrationality' 'legal Unreasonableness' 'protection Visa' 'fact Finding' 'domestic Violence' 'custody' 'refugee Status']
['migration Law' 'administrative Law'] ['judicial Review' 'irrationality' 'legal Unreasonableness' 'protection Visa' 'fact Finding' 'domestic Violence' 'custody' 'refugee Status']

Case Brief

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Procedural Posture

Appeal / Federal Court of Australia – Judgment on Appeal From Federal Circuit Court

Legal Issues

  1. 1 ["Whether Tribunal's findings were irrational or legally unreasonable" 'Whether Tribunal erred in fact-finding regarding protection visa refusal' "Whether Tribunal's findings constitute jurisdictional error"]

Ratio Decidendi

The Tribunal's impugned findings were open to it on the evidence and were not illogical, irrational, or legally unreasonable. Differences in fact-finding approaches between Tribunal and delegate did not amount to jurisdictional error. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The first appellant pay the first respondent's costs, including reserved costs, to be fixed by way of a lump sum." 'On or before 13 March 2019, the parties are to file a joint note informing the Court whether or not agreement on costs (including reserved costs), and any lump sum figures...