Boutros v Minister for Immigration and Border Protection [2019] FCA 87

Boutros v Minister for Immigration and Border Protection [2019] FCA 87

The applicant's proposed appeal had no prospects of success because none of the six proposed grounds had substance and the Federal Circuit Court was correct to dismiss the judicial review application under r 44.12 of the Federal Circuit Court Rules 2001 (Cth) on the basis that it disclosed no arguable case of jurisdictional error. The Tribunal's mistaken references to subclass 426 were legally insignificant and could not affect that conclusion.

Jurisdiction
Australia
Judgment Date
05 February 2019
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Dismissal of Application for Judicial Review by the Federal Circuit Court
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'judicial Review' 'jurisdictional Error' 'natural Justice' 'visa Criteria' 'federal Circuit Court Summary Dismissal']
['administrative Law' 'migration Law'] ['leave to Appeal' 'judicial Review' 'jurisdictional Error' 'natural Justice' 'visa Criteria' 'federal Circuit Court Summary Dismissal']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the Federal Circuit Court judgment was attended by sufficient doubt to warrant reconsideration and whether substantial injustice would result if leave to appeal were refused.' "Whether the applicant's proposed grounds of appeal disclosed any arguable case of jurisdictional error in the Tribunal's decision." "Whether alleged failures concerning provision of the Court Book, the applicant's letter to the Tribunal, natural justice, visa timing requirements, and pending Full Court appeals gave the proposed appeal reasonable prospects of success." "Whether errors in the Tribunal's references to subclass 426 were of legal significance."]

Ratio Decidendi

The applicant's proposed appeal had no prospects of success because none of the six proposed grounds had substance and the Federal Circuit Court was correct to dismiss the judicial review application under r 44.12 of the Federal Circuit Court Rules 2001 (Cth) on the basis that it disclosed no arguable case of jurisdictional error. The Tribunal's mistaken references to subclass 426 were legally insignificant and could not affect that conclusion.

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."]