BCE20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 124

Federal Court of Australia

BCE20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 124 Appeal from: BCE20 v Minister for Immigration [2020] FCCA 3455

File number: QUD 2 of 2021

Judgment of: JAGOT, PERRY AND SNADEN JJ

Date of judgment: 16 July 2021

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of delegate of Minister to refuse to grant protection visa – whether Tribunal committed jurisdictional error – where appellant claimed he would suffer social isolation on account of his mental illness – whether Tribunal considered appellant's claim that he would be subjected to serious or significant harm by reason of social isolation – jurisdictional error established – appeal allowed

Legislation: Migration Act 1958 (Cth) – ss 5, 5H, 5J, 36

Cases cited: CAR15 v Minister for Immigration and Border Protection [2019] FCAFC 155; (2019) 272 FCR 131 Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 66; (2020) 276 FCR 75 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 197 ALR 389 Hernandez v Minister for Home Affairs [2020] FCA 415 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA; (2001) 233 FCR 136 Minister for Home Affairs v Buadromo [2018] FCAFC 151; (2018) 267 FCR 320 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 3; (2001) 206 CLR 323 Plaintiff M61/2010E v Commonwealth of Australia [2010] HCA 41; (2010) 243 CLR 319