BNGP v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 111

FEDERAL COURT OF AUSTRALIA

BNGP v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 111 Appeal from: BNGP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 878

File number(s): NSD 649 of 2022

Judgment of: PERRY, BROMWICH AND KENNETT JJ

Date of judgment: 14 July 2023

Catchwords: MIGRATION – challenge to Minister's decision under s 501A(2) of the Migration Act, to refuse to grant a protection visa to the appellant on the ground that it was not in the national interest – where Minister did not consider consequence of potential breach of Australia's international human rights obligations for Australia's international reputation – whether case distinguishable from Full Court decisions in Minister for Immigration, v CWY20 and ENT19 v Minister for Home Affairs – whether it is contestable that indefinite detention is a breach of Australia's international obligations under various instruments to which Australia is a party – whether it is legally unreasonable for the Minister to not have regard to an arguable but contestable breach of Australia's international legal obligations that arises as a consequence of the Minister's decision – appeal dismissed MIGRATION – whether CWY20 and ENT19 impliedly overruled by High Court in Plaintiff M1 – whether CWY20 and ENT19 clearly and plainly wrong EVIDENCE – whether primary judge complied with s 144(4) of the Evidence Act – whether adequate notice of matter of common knowledge that Ministers may change and Ministers may change their mind – whether Minister impermissibly had regard to future events – where appellant had ample opportunity to address issues of common knowledge