Yaacoub v Minister for Immigration and Border Protection [2018] FCAFC 39

FEDERAL COURT OF AUSTRALIA

Yaacoub v Minister for Immigration and Border Protection [2018] FCAFC 39 Appeal from: Yaacoub v Minister for Immigration [2017] FCCA 2183

File number: NSD 1684 of 2017

Judges: RARES, RANGIAH AND CHARLESWORTH JJ

Date of judgment: 5 March 2018

Catchwords: MIGRATION – appeal from Federal Circuit Court refusing Constitutional writ relief – where Minister's delegate refused waiver of visa condition under s 41(2A) of Migration Act 1958 (Cth) – whether appellant's brother's injury compelling and compassionate circumstances that resulted in major change to appellant's circumstances under reg 2.05 of Migration Regulations 1994 – no jurisdictional error identified – application dismissed PRACTICE AND PROCEDURE – adequacy of trial judge's ex tempore reasons for dismissing application – whether trial judge erred in failing to address additional ground appellant raised in oral argument – consideration of duty to give reasons on material issue of fact or law – held appellant suffered no practical injustice

Legislation: Federal Court of Australia Act 1976 (Cth) ss 24, 27, 28 Migration Act 1958 (Cth) s 41 Migration Regulations 1994 Sch 2, cl 202.222, reg 2.05

Cases cited: BKL15 v Minister for Immigration and Border Protection (2016) 241 FCR 450 Fleming v the Queen (1998) 197 CLR 250 Fox v Percy (2003) 214 CLR 118 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Roy Morgan Research Centre Pty Limited v Commissioner of State Revenue Victoria (2001) 207 CLR 72 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Yaacoub v Minister for Immigration [2017] FCC 2183