Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CBW20 [2021] FCAFC 63

Federal Court of Australia

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CBW20 [2021] FCAFC 63 File number: NSD 1004 of 2020

Judgment of: PERRAM, MOSHINSKY AND THAWLEY JJ

Date of judgment: 4 May 2021

Catchwords: MIGRATION – protection visa – where the first respondent entered Australia by boat and was taken to what was then thought to be a "proclaimed port" – where the first respondent's case was dealt with for several years on the assumption he was an "unauthorised maritime arrival" – where that assumption was incorrect – where, purportedly pursuant to s 195A of the Migration Act 1958 (Cth), the Minister granted the first respondent a temporary safe haven visa (for one week) and a bridging visa (for 12 months) – whether the grant of the temporary safe haven visa was valid – whether the first respondent's application for a safe haven enterprise visa was valid – whether the Tribunal fell into jurisdictional error

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Migration Act 1958 (Cth), ss 5, 5AA, 36, 37A, 46, 46A, 65, 91J, 91K, 91L, 189, 195A, 412, 415 Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Act 2013 (Cth)

Cases cited: Arnold v Minister Administering the Water Management Act 2000 [2014] NSWCA 386 Barrett v Minister for Immigration, Local Government and Ethnic Affairs (1989) 18 ALD 129 Bodruddaza v Minister for Immigration and Multicultural Affairs (2007) 228 CLR 651 Brock v Minister for Home Affairs [2010] FCA 1301 DBB16 v Minister for Immigration and Border Protection (2018) 260 FCR 447 Graham v Minister for Immigration and Border Protection (2017) 263 CLR 1 Hala v Minister for Justice [2014] FCA 457 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Multicultural Affairs v SZFDE (2006) 154 FCR 365 Oates v Attorney-General (2001) 181 ALR 559 O'Donoghue v O'Connor (No 2) (2011) 283 ALR 682 Plaintiff M61/2010E v Commonwealth (Offshore Processing Case) (2010) 243 CLR 319 Plaintiff M79/2012 v Minister for Immigration and Citizenship (2013) 252 CLR 336 Plaintiff S4/2014 v Minister for Immigration and Border Protection (2014) 253 CLR 219 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 Vasiljkovic v O'Connor (2010) 276 ALR 326 Wei v Minister for Immigration and Border Protection (2015) 257 CLR 22 Zentai v O'Connor (No 3) (2010) 187 FCR 495