BJB16 v Minister for Immigration and Border Protection [2018] FCAFC 49

FEDERAL COURT OF AUSTRALIA

BJB16 v Minister for Immigration and Border Protection [2018] FCAFC 49 Appeal from: BJB16 v Minister for Immigration [2017] FCCA 2367

File number: VID 1179 of 2017

Judges: KENNY, MCKERRACHER AND WHITE JJ

Date of judgment: 29 March 2018

Catchwords: MIGRATION – 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 to affirm the delegate's decision not to grant a protection visa – whether denial of procedural fairness transpired in the delegate's decision-making process which could not be remedied by the Authority – whether it was legally unreasonable for the Authority to fail to remit the matter to the Minister – where there was a failure by the appellant to adduce evidence to demonstrate an inability to meaningfully participate – whether the Authority has the jurisdiction to assess the authenticity of documents – whether the Authority can reach a different finding on authenticity than that of the delegate

Legislation: Migration Act 1958 (Cth) ss 5(1), 5J(1)(a), 36(2)(a), 36(2)(aa), 65, 91W, 425, 473BC, 473CA, 473CC, 473DC, 473DD, 473DD(b), 476 Migration Regulations 1994 (Cth) reg 4.43

Cases cited: BMB16 v Minister for Immigration and Border Protection [2017] FCAFC 169 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZNVW (2010) 183 FCR 575 Minister for Immigration and Multicultural Affairs v SZFDE (2006) 154 FCR 365 Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 553 SZMSA v Minister for Immigration and Citizenship [2010] FCA 34