FEDERAL COURT OF AUSTRALIA
BBT16 v Minister for Home Affairs [2018] FCA 1225
Appeal from: BBT16 v Minister for Immigration and Border Protection [2018] FCCA 631 File number: VID 357 of 2018 Judge: COLVIN J Date of judgment: 16 August 2018 Legislation: Migration Act 1958 (Cth) ss 36(2A), 36(2)(aa) Cases cited: Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; (2001) 117 FCR 424
DQQ17 v Minister for Immigration and Border Protection [2018] FCA 784
Date of hearing: 15 August 2018 Registry: Victoria Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: No Catchwords Number of paragraphs: 19 Counsel for the Appellant: The Appellant appeared in person assisted by an interpreter Counsel for the First Respondent: Mr N Wood Solicitor for the First Respondent: DLA Piper Australia Counsel for the Second Respondent: The Second Respondent filed a submitting notice save as to costs ORDERS
VID 357 of 2018 BETWEEN: BBT16
Appellant
AND: MINISTER FOR HOME AFFAIRS
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
JUDGE:
COLVIN J
DATE OF ORDER:
16 AUGUST 2018
THE COURT ORDERS THAT:
1.The appeal be dismissed.
2.The appellant do pay the first respondent's costs to be assessed if not agreed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
COLVIN J:
The appellant is a citizen of Pakistan from Parachinar in Kurram Agency. He arrived in Australia on 5 August 2012. His application for a protection visa was refused. The refusal was affirmed by the Administrative Appeals Tribunal on 11 April 2016. He sought review in the Federal Circuit Court on the basis that part of his claim for complementary protection under s 36(2A) of the Migration Act 1958 (Cth) was not considered by the Tribunal. His review application was not upheld. He now appeals to this Court.
Appeal grounds
The appellant appeared on his own behalf. His grounds of appeal were expressed as follows:
The decision of the Federal Circuit Court
a.Is affected by an error of law; and
b.Denied me procedural fairness.
Expressed in those terms, the appeal grounds disclose no arguable ground of review. It is necessary to particularise some respect in which there is said to be error in the decision by the Federal Circuit Court. An appeal to this Court is by way of rehearing and the task of the Court is the correction of error. The Court does not undertake that task properly by putting the views of the judge below to one side and allowing a simple re-argument of the matter: Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; (2001) 117 FCR 424 at [22] and [30] (Allsop J, Drummond and Mansfield JJ agreeing).
However, as I said in DQQ17 v Minister for Immigration and Border Protection [2018] FCA 784 the consequences of a failure to particularise will depend upon the circumstances: at [8]. It will…
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- Case
- [2018] FCA 1225
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the Federal Circuit Court had erred in finding that there was no jurisdictional error in the visa refusal. Specifically, the court had to determine whether the decision-maker had taken into account irrelevant considerations or failed to take into account relevant considerations in making the decision. The court also had to examine whether there was any procedural unfairness in the decision-making process.
The court found that there was no jurisdictional error in the decision of the Federal Circuit Court. The court held that the decision-maker had properly considered all relevant factors and had not taken into account any irrelevant considerations. The court also found that there was no procedural unfairness in the decision-making process. The court was satisfied that the decision-maker had followed the correct procedure and had made the decision based on the evidence presented.
In light of the above findings, the court dismissed the appeal and ordered the appellant to pay the first respondent's costs. The court held that no error had been demonstrated in the decision of the Federal Circuit Court and that the appeal should be dismissed with costs. The court further noted that the entry of orders was dealt with in Rule 39.32 of the Federal Court Rules 2011.
Orders
Orders of the court
1. The appeal be dismissed.
2. The appellant do pay the first respondent's costs to be assessed if not agreed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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