Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210 Appeal from: CRY16 v Minister for Immigration & Anor [2017] FCCA 1549

File number: VID 831 of 2017

Judges: ROBERTSON, MURPHY AND KERR JJ

Date of judgment: 14 December 2017

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – judicial review by that Court of decision of the Immigration Assessment Authority (Authority) affirming a decision of a delegate of the Minister to refuse to grant the respondent a Safe Haven Enterprise (Class XE) Subclass 790 visa but on the different basis of relocation – that Court found jurisdictional error on the part of the Authority to be established – whether appellable error on the part of the primary judge in concluding that the Authority had acted unreasonably in not considering whether to give the respondent an effective opportunity to address the issue of relocation which the Authority found dispositive

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36(2B), 65, Pt 7AA Migration Regulations 1994 (Cth) r 4.43

Cases cited: BMB16 v Minister for Immigration and Border Protection [2017] FCAFC 169 DBE16 v Minister for Immigration and Border Protection [2017] FCA 942 DZU16 v Minister for Immigration and Border Protection [2017] FCCA 851; 321 FLR 306 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; 233 CLR 18 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 SZQPY v Minister for Immigration and Border Protection [2013] FCA 1133 Yasmin v Attorney-General of Commonwealth of Australia [2015] FCAFC 145; 236 FCR 169