PXYJ v Minister for Home Affairs [2018] FCAFC 193

FEDERAL COURT OF AUSTRALIA

PXYJ v Minister for Home Affairs [2018] FCAFC 193 Appeal from: PXYJ v Minister for Immigration and Border Protection [2018] FCA 927

File number: WAD 315 of 2018

Judges: BARKER, BANKS-SMITH AND COLVIN JJ

Date of judgment: 13 November 2018

Catchwords: MIGRATION – appeal from Federal Court of Australia – where delegate of the Minister for Home Affairs refused to grant appellant a partner visa on character grounds under s 501 of the Migration Act 1958 (Cth) – where Administrative Appeals Tribunal affirmed delegate's decision – where primary judge dismissed application for judicial review of Tribunal's decision – where review grounds amended before primary judge – where grounds on appeal in same terms as original grounds raised and abandoned before primary judge – whether primary judge erred in not finding Tribunal erred by not giving primary weight to best interests of appellant's children – whether Tribunal's decision affected by apprehended and/or actual bias – whether Tribunal failed to take into account relevant considerations or relied on irrelevant considerations – whether primary judge failed to make a finding that Tribunal's decision unreasonable – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 5J and s 501 Convention relating to the Status of Refugees. Opened for signature 28 July 1951. 189 UNTS 137 (entered into force 22 April 1954) Art 1A

Cases cited: AAM15 and Others v Minister for Immigration and Border Protection and Another (2015) 231 FCR 452; [2015] FCA 804 BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456; [2017] FCAFC 96 Minister for Immigration and Citizenship v Li and Another (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Ethnic Affairs v Wu Shan Liang and Others (1996) 185 CLR 259; [1996] HCA 6 Murad v Assistant Minister for Immigration and Border Protection (2017) 250 FCR 510; [2017] FCAFC 73 O'Brien and Others v Komesaroff (1982) 150 CLR 310; [1982] HCA 33 Selvadurai v Minister for Immigration and Ethnic Affairs (1994) 34 ALD 347; [1994] FCA 1105 Sun and Others v Minister for Immigration and Border Protection and Another (2016) 243 FCR 220; [2016] FCAFC 52 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 SZUGL v Minister for Immigration and Border Protection [2015] FCA 868 Wan v Minister for Immigration and Multicultural Affairs (2001) 107 FCR 133; [2001] FCA 568