DOU16 v Minister for Home Affairs [2019] FCAFC 212

FEDERAL COURT OF AUSTRALIA

DOU16 v Minister for Home Affairs [2019] FCAFC 212 Appeal from: DOU16 & Ors v Minister for Immigration & Anor [2019] FCCA 1367

File number: VID 616 of 2019

Judges: MURPHY, STEWARD AND O'BRYAN JJ

Date of judgment: 11 November 2019

Date of publication of reasons: 28 November 2019

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court dismissing application for review of Administrative Appeals Tribunal decision not to grant appellants a protection visa – whether the Tribunal failed to consider the second appellant's claims or an integer of those claims – whether the second appellant's claim clearly emerged on the materials – whether Tribunal decision was irrational and therefore legally unreasonable – appeal allowed on one ground

Legislation: Migration Act 1958 (Cth)

Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 AWT15 v Minister for Immigration and Border Protection [2017] FCA 512 AYY17 v Minister for Immigration and Border Protection (2018) 261 FCR 503 Hands v Minister for Immigration and Border Protection (2018) 362 ALR 423 Hong v Minister for Immigration and Border Protection [2019] FCAFC 55 Hossain v Minister for Immigration and Border Protection (2018) 359 ALR 1 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Singh v Minister for Home Affairs [2019] FCAFC 3 WZAQU v Minister for Immigration and Citizenship (2013) 233 FCR 534