BMB16 v Minister for Immigration and Border Protection [2017] FCAFC 169

FEDERAL COURT OF AUSTRALIA

BMB16 v Minister for Immigration and Border Protection [2017] FCAFC 169 Appeal from: BMB16 v Minister for Immigration & Anor [2017] FCCA 203

File number: SAD 65 of 2017

Judges: DOWSETT, BESANKO AND CHARLESWORTH JJ

Date of judgment: 27 October 2017

Catchwords: MIGRATION – consideration of an appeal from a decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority – whether the Authority has fallen into jurisdictional error by going beyond the ambit of the review prescribed by s 473CC of the Migration Act 1958 (Cth). STATUTORY INTERPRETATION – consideration of the word "review" in Part 7AA and whether it has the same core meaning as it has in Parts 5 and 7 of the Act – where a strong contextual consideration exists that a word used throughout an enactment is to be interpreted consistently. STATUTORY INTERPRETATION – consideration of the nature of the review to be conducted pursuant to s 473CC of the Act – whether the Authority's review is restricted to the correction of error in relation to those issues held to be determinative by the delegate – where the Authority's review is expressly described in the Act as "limited" and "on the papers" – where the Authority is limited to the review of material provided to it under s 473CB of the Act, except in exceptional circumstances – where the Authority may affirm a decision or remit the decision for reconsideration with permitted directions or recommendations – where the review is a compulsory aspect of the process of a "fast track applicant" applying for a visa – where the Authority is not obliged to conduct an oral hearing – where Parliament has not expressly stated that the Authority's power of review is limited to a review for correction of error.