MZZUG v Minister for Immigration and Border Protection [2015] FCA 1151
The Tribunal did give cumulative consideration to all aspects and integers of the applicants' claims. The Tribunal's finding regarding the likelihood of being charged for illegal departure was open to it on the evidence before it. There was no jurisdictional error on either ground. The appeal is dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 27 October 2015
- Procedural Posture
- Appeal / Judgment on Appeal From Federal Circuit Court
- Outcome
- appeal dismissed
- Legal Topics
- ['protection Visa' 'judicial Review' 'refugee Law' 'extension of Time' 'cumulative Assessment' 'jurisdictional Error']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court
Legal Issues
- 1 ["Whether the Tribunal failed to cumulatively consider the various integers of the applicants' claims" "Whether there was 'no evidence' for the finding of fact made by the Tribunal regarding likelihood of being charged for illegal departure" "Whether a finding of fact was necessary to support a conclusion of 'non-satisfaction' under the Migration Act" 'Whether jurisdictional error was established']
Ratio Decidendi
The Tribunal did give cumulative consideration to all aspects and integers of the applicants' claims. The Tribunal's finding regarding the likelihood of being charged for illegal departure was open to it on the evidence before it. There was no jurisdictional error on either ground. The appeal is dismissed.
Court Disposition
appeal dismissed
Orders
- ['The appeal be dismissed.' "The Applicants pay the First Respondent's costs."]
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