ARP15 v Minister for Immigration and Border Protection

The case of ARP15 v Minister for Immigration and Border Protection concerned an appeal against the decision of the Federal Circuit Court which dismissed an application for review of a decision of the Migration Review Tribunal. The appellants challenged the Tribunal's decision not to grant their children a protection visa. The Federal Circuit Court dismissed the appeal on the basis that the Tribunal's decision was not manifestly unreasonable and that no legal or factual error was identified. The appellants appealed to the court, raising two grounds of appeal. The first ground was that the Tribunal acted in a manifestly unreasonable way. The second ground was that the Federal Circuit Court dismissed the case without considering the legal and factual errors contained in the decision of the Tribunal.

The court found that the first ground of appeal must be dismissed. The court held that the Tribunal described the relevant law, heard the evidence and assessed the facts, and decided the application based upon an adverse assessment of the parents' credibility. The court held that the Tribunal's decision was not manifestly unreasonable. The court found that the second ground of appeal was also dismissed. The court held that the Federal Circuit Court had limited jurisdiction to review the decision of the Tribunal. The court held that the Federal Circuit Court only had the power to review for jurisdictional error. The court held that no particular factual or legal error in the Tribunal's decision was identified and none was apparent.

The court dismissed the appeal and ordered that the appellants pay the costs of the appeal of the first respondent to be taxed if not agreed. The orders were made under Rule 39.32 of the Federal Court Rules 2011.