Al-Dmour v Minister for Immigration and Border Protection [2018] FCA 429

Al-Dmour v Minister for Immigration and Border Protection [2018] FCA 429

The applicant failed to establish sufficient doubt about the primary judgment to justify leave to appeal. The grounds relied upon in the leave application were not raised before the Tribunal or primary judge, were not relevant at the time of the Tribunal hearing, and did not show any jurisdictional error. The decision of the primary judge dismissing the applicant's judicial review application was correct.

Jurisdiction
Australia
Judgment Date
13 March 2018
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Judgment (federal Circuit Court) Leave Refused
Outcome
Leave to appeal refused (application dismissed)
Legal Topics
['leave to Appeal From Interlocutory Judgment' 'judicial Review of Migration Decisions' 'partner Visa Requirements' 'schedule 3 Migration Regulations' 'procedural Fairness' 'jurisdictional Error']
['practice and Procedure' 'migration Law'] ['leave to Appeal From Interlocutory Judgment' 'judicial Review of Migration Decisions' 'partner Visa Requirements' 'schedule 3 Migration Regulations' 'procedural Fairness' 'jurisdictional Error']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Judgment (federal Circuit Court) Leave Refused

Legal Issues

  1. 1 ["Whether the applicant established sufficient doubt in the primary judge's dismissal to justify leave to appeal" 'Whether the Tribunal failed to consider claims or failed to make an obvious inquiry constituting jurisdictional error']

Ratio Decidendi

The applicant failed to establish sufficient doubt about the primary judgment to justify leave to appeal. The grounds relied upon in the leave application were not raised before the Tribunal or primary judge, were not relevant at the time of the Tribunal hearing, and did not show any jurisdictional error. The decision of the primary judge dismissing the applicant's judicial review application was correct.

Court Disposition

Leave to appeal refused (application dismissed)

Orders

  • ["The applicant's application for leave to appeal, filed 8 August 2017, be dismissed." "The applicant pay the first respondent's costs, as agreed or assessed."]