CIC19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The applicants, CIC19, sought leave to appeal from the Federal Circuit Court's decision to dismiss their application to reinstate their application for judicial review of the Administrative Appeals Tribunal's (AAT) decision affirming the delegate's decision not to grant them protection visas. The respondents were the Commonwealth of Australia and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The application was heard in the Full Court of the Federal Court of Australia.

The legal issues before the court were whether the Federal Circuit Court had erred in dismissing the applicants' application to reinstate their application for judicial review. The applicants argued that the Federal Circuit Court had erred in concluding that the applicants had not identified a jurisdictional error by the AAT. The respondents contended that the applicants had not identified a jurisdictional error and that the application for leave to appeal should be dismissed.

The court held that the applicants had not identified a jurisdictional error by the AAT and dismissed the application for leave to appeal. The court found that the AAT had considered all relevant material and had not failed to consider any relevant matter. The court also found that the applicants had not demonstrated that the AAT had made an error of law or had failed to exercise its jurisdiction. The court held that the applicants' arguments were speculative and did not establish a jurisdictional error. The court dismissed the application for leave to appeal with costs.

The court amended the name of the first respondent to read "Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs". The court dismissed the application for leave to appeal and ordered that the first and second applicants pay the first respondent's costs, as agreed or assessed.