BZAAF v Minister for Immigration and Citizenship [2011] FCA 480

FEDERAL COURT OF AUSTRALIA

BZAAF v Minister for Immigration and Citizenship [2011] FCA 480 Citation: BZAAF v Minister for Immigration and Citizenship [2011] FCA 480

Appeal from: BZAAF v Minister for Immigration & Anor [2010] FMCA 979

Parties: BZAAF v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: QUD 544 of 2010

Judge: LOGAN J

Date of judgment: 9 May 2011

Catchwords: MIGRATION – judicial review – allegation that Tribunal failed to take into account relevant considerations under the Migration Act 1958 (Cth) – where Tribunal invited Appellant to provide information to advance his claim – where appellant did not take that opportunity – decision open to the Tribunal – appeal dismissed ADMINISTRATIVE LAW – illogicality and irrationality – where Appellant argued that decision of the Tribunal was illogical – where decision made on available evidence – no irrationality COSTS – gross costs orders – where first respondent sought costs to be fixed as a gross sum – where practice direction not complied with – where no affidavit deposing as to First Respondent assessable cost – where fixing gross costs would be unfair to the unrepresented Appellant – costs be fixed in gross

Legislation: Migration Act 1958 (Cth) s 425

Cases cited: Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 followed Minister for Immigration and Citizenship v SZNPG (2010) 115 ALD 303 cited Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 cited NAVX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 287 followed Aronson et al, "Judicial Review of Administrative Action" (4th ed, Thomson Reuters, 2009)