Lim v Minister for Immigration and Border Protection [2018] FCA 1322

Lim v Minister for Immigration and Border Protection [2018] FCA 1322

The application for leave to appeal was dismissed because the proposed appeal was not viable and the single ground had no reasonable prospects of success. The Federal Circuit Court's conclusion that the Tribunal complied with its notification and procedural fairness obligations under the Migration Act 1958 (Cth), and its related conclusions about the absence of jurisdictional error, disclosed no appealable error.

Jurisdiction
Australia
Judgment Date
27 August 2018
Procedural Posture
Migration Application for Leave to Appeal / Application for Leave to Appeal From Federal Circuit Court Dismissal of Judicial Review
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'procedural Fairness' 'natural Justice' 'tribunal Notification Obligations' 'non Appearance at Tribunal Hearing' 'reinstatement of Review Application' 'jurisdictional Error']
['migration' 'administrative Law'] ['leave to Appeal' 'procedural Fairness' 'natural Justice' 'tribunal Notification Obligations' 'non Appearance at Tribunal Hearing' 'reinstatement of Review Application' 'jurisdictional Error']

Case Brief

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Procedural Posture

Migration Application for Leave to Appeal / Application for Leave to Appeal From Federal Circuit Court Dismissal of Judicial Review

Legal Issues

  1. 1 ['Whether the proposed ground in the draft notice of appeal had reasonable prospects of success.' 'Whether the Federal Circuit Court made appealable error in finding that the Tribunal complied with its notification and procedural fairness obligations under the Migration Act 1958 (Cth).' 'Whether the Tribunal denied procedural fairness by not giving the applicant a hearing or by refusing to reinstate the review application after non-appearance.']

Ratio Decidendi

The application for leave to appeal was dismissed because the proposed appeal was not viable and the single ground had no reasonable prospects of success. The Federal Circuit Court's conclusion that the Tribunal complied with its notification and procedural fairness obligations under the Migration Act 1958 (Cth), and its related conclusions about the absence of jurisdictional error, disclosed no appealable error.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal dated 14 March 2018 be dismissed.' "The applicant pay the first respondent's costs."]