BZAHB v Minister for Immigration and Border Protection [2015] FCA 1205

FEDERAL COURT OF AUSTRALIA

BZAHB v Minister for Immigration and Border Protection [2015] FCA 1205 Citation: BZAHB v Minister for Immigration and Border Protection [2015] FCA 1205

Appeal from: BZAHB v Minister for Immigration & Anor [2015] FCCA 2087

Parties: BZAHB v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: QUD 747 of 2015

Judge: EDELMAN J

Date of judgment: 9 November 2015

Catchwords: MIGRATION – appeal from Federal Circuit Court on grounds concerning Tribunal decision that were not raised in the application before the Federal Circuit Court – credibility findings by Tribunal – whether the appellant was given clear particulars of information relevant to the Tribunal's decision – whether the decision of the Tribunal was unreasonable

Legislation: Convention Relating to the Status of Refugees (as amended by the 1967 Protocol relating to the Status of Refugees) Art 1A(2) Migration Act 1958 (Cth) ss 36, 91R, 424A, 424AA, 425 Migration Regulations 1994 (Cth) Sch 2 subcl 866.221

Cases cited: Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; (2001) 117 FCR 424 Dovuro Pty Ltd v Wilkins [2003] HCA 51; (2003) 215 CLR 317 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Rawsthorne v Minister for Immigration and Citizenship [2013] FCAFC 39; (2013) 140 ALD 524 Suttor v Gundowda Pty Ltd [1950] HCA 35; (1950) 81 CLR 418 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; (2007) 235 ALR 609 The Pilbara Infrastructure Pty Ltd v Economic Regulation Authority [2014] WASC 346 VAF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 123; (2004) 206 ALR 471 Water Board v Moustakas [1988] HCA 12; (1994) 180 CLR 491 Whisprun Pty Ltd v Dixon [2003] HCA 48; (2003) 200 ALR 447