Dao v Minister for Immigration & Multicultural Affairs [2002] FCA 801

The application was dismissed because the applicant's grounds and submissions challenged the merits of the AAT decision and relied on personal circumstances, but did not identify any procedural or legal error or other basis for relief under s 39B of the Judiciary Act 1903 (Cth).

Jurisdiction: Australia
Judgment Date: 27 May 2002
Procedural Posture: Application for Relief Under S 39 B of the Judiciary Act 1903 (cth) Following an AAT Decision Under the Migration Act 1958 (cth) / Judgment on Application
Outcome: Application dismissed with costs.
Legal Topics: ['excluded Person Declaration' 'national Interest' 'judicial Review of AAT Decision' 'limits on Merits Review']

['migration Law' 'administrative Law'] ['excluded Person Declaration' 'national Interest' 'judicial Review of AAT Decision' 'limits on Merits Review']

Case Brief

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Procedural Posture

Application for Relief Under S 39 B of the Judiciary Act 1903 (cth) Following an AAT Decision Under the Migration Act 1958 (cth) / Judgment on Application

Legal Issues

1 ['Whether the applicant advanced any basis for relief under s 39B of the Judiciary Act 1903 (Cth).' "Whether the applicant's complaints about personal circumstances and the merits of the AAT decision disclosed a procedural or legal error."]

Ratio Decidendi

Court Disposition

Application dismissed with costs.

Orders

['The appeal be dismissed.' "The applicant pay the respondent's costs of the proceedings."]