AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89

FEDERAL COURT OF AUSTRALIA

AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89 Appeal from: AYY17 v Minister for Immigration and Anor [2017] FCCA 2886

File number: QUD 726 of 2017

Judges: COLLIER, MCKERRACHER AND BANKS-SMITH JJ

Date of judgment: 18 June 2018

Catchwords: MIGRATION – application for a protection visa – where the IAA affirmed a decision of the delegate of the Minister not to grant the appellant a Safe Haven Enterprise Visa – where a Judge of the Federal Circuit Court of Australia dismissed the application for judicial review – whether the primary Judge erred in concluding that the IAA did not fall into jurisdictional error by failing to consider a claim or issue contended by the appellant, to have arisen on the material – the scope of the IAA's obligation to consider a claim or issue which "clearly emerges" from its findings – whether "claims" are distinguishable from "issues" – appeal dismissed.

Legislation: Migration Act 1958 (Cth) ss 5J(1), 473CA, 473CC, 473DB, Pts 5, 7, 7AA

Cases cited: ACE15 v Minister for Immigration and Border Protection [2017] FCA 1054 AWT15 v Minister for Immigration and Border Protection [2017] FCA 512 BMB16 v Minister for Immigration and Border Protection (2017) 253 FCR 448 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136 Kasupene v Minister for Immigration and Citizenship (2008) 49 AAR 77 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176 Minister for Immigration & Multicultural Affairs v Sameh [2000] FCA 578 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 144 FCR 1 Senthilnathan Tharmalingam v Minister for Immigration & Multicultural Affairs [1998] FCA 537 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZDFZ v Minister for Immigration and Citizenship (2008) 168 FCR 1 SZUTM v Minister for Immigration and Border Protection (2016) 241 FCR 214