SZVGF v Minister for Immigration and Border Protection [2016] FCA 882

SZVGF v Minister for Immigration and Border Protection [2016] FCA 882

Leave to appeal was refused because the applicant failed to identify any arguable appealable error in the Federal Circuit Court's conclusion that his judicial review grounds sought impermissible merits review and disclosed no arguable jurisdictional error. The Tribunal's adverse credibility and factual findings were reasonably open and within jurisdiction, and no arguable error was shown in the primary judge's treatment of the applicant's delay in leaving Pakistan, his s 424A argument, current conditions in Pakistan, or his diabetes.

Jurisdiction
Australia
Judgment Date
03 August 2016
Procedural Posture
Migration Judicial Review; Application for Leave to Appeal / Leave to Appeal From Summary Dismissal by the Federal Circuit Court of Australia
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'summary Dismissal' 'judicial Review' 'protection Visa' 'jurisdictional Error' 'credibility Findings' 'well Founded Fear of Persecution' 'section 91 R of the Migration Act 1958 (cth)']
['administrative Law' 'migration Law'] ['leave to Appeal' 'summary Dismissal' 'judicial Review' 'protection Visa' 'jurisdictional Error' 'credibility Findings' 'well Founded Fear of Persecution' 'section 91 R of the Migration Act 1958 (cth)']

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

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

Legal Issues

  1. 1 ["Whether the applicant established arguable appealable error in the Federal Circuit Court's summary dismissal of his judicial review application." 'Whether the Tribunal acted manifestly unreasonably or misapplied s 91R of the Migration Act 1958 (Cth).' "Whether the applicant's grounds sought an impermissible merits review rather than identifying jurisdictional error." 'Whether the Tribunal failed to comply with s 424A(1) of the Migration Act 1958 (Cth).']

Ratio Decidendi

Leave to appeal was refused because the applicant failed to identify any arguable appealable error in the Federal Circuit Court's conclusion that his judicial review grounds sought impermissible merits review and disclosed no arguable jurisdictional error. The Tribunal's adverse credibility and factual findings were reasonably open and within jurisdiction, and no arguable error was shown in the primary judge's treatment of the applicant's delay in leaving Pakistan, his s 424A argument, current conditions in Pakistan, or his diabetes.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal filed on 17 May 2016 be dismissed.' "The applicant pay the first respondent's costs, as agreed or assessed."]