whether the primary judge was correct to find that the Tribunal decision was not affected by jurisdictional error
no issue of principle
no error of law established
Quick Take
1Where an appellant advances vague and unparticularised grounds of appeal in a migration matter and does not file written submissions or advance substantive oral submissions, the appellate court is not obliged to construct a case on the appellant's behalf, though it will examine the decisions below for self-evident error.
2A tribunal does not err by disregarding protection claims that the applicant has expressly abandoned as untrue, and a finding that new claims — even taken at their highest — do not engage the statutory criteria for protection is a factual assessment not susceptible to judicial review absent jurisdictional error.
