AUE15 v Minister for Immigration and Border Protection [2016] FCA 331

FEDERAL COURT OF AUSTRALIA

AUE15 v Minister for Immigration and Border Protection [2016] FCA 331 Appeal from: AUE15 v Minister for Immigration & Anor [2015] FCCA 2452

File number: NSD 1148 of 2015

Judge: RARES J

Date of judgment: 19 February 2016

Catchwords: MIGRATION – construction of foreign legislation – whether open to appellant to argue on appeal that Tribunal should have construed foreign legislation contrary to evidence and appellant's submissions to Tribunal – whether construction of foreign legislation or law a question of fact – Migration Act 1958 (Cth) – whether Tribunal failed to take into account guidelines made under Ministerial direction – whether Tribunal obliged to show in its reasons an active intellectual engagement with terms of the guidelines

Legislation: Crimes Act 1914 (Cth) Migration Act 1958 (Cth) Probation of Offenders Act 1907 (UK) Convention relating to the Status of Refugees International Covenant on Civil and Political Rights Ministerial Direction No 56 - Consideration of Protection Visa Applications PAM3 guidelines

Cases cited: AGH15 v Minister for Immigration and Border Protection [2015] FCA 1181 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Lafu v Minister for Immigration (2009) 112 ALD 1 McAuliffe v Secretary, Department of Social Security (1992) 28 ALD 609 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2005) 144 FCR 1 R v Ingrassia (1997) 41 NSWLR 447 SZSPE v Minister for Immigration and Border Protection [2014] FCA 267 Telstra Corporation Limited v Australian Competition and Consumer Commission (2009) 176 FCR 153 Telstra Corporation Limited v Australian Competition Tribunal (2009) 175 FCR 201 The Queen v Hunt; Ex parte Sean Investments Pty Limited (1979) 180 CLR 322 Tickner v Chapman (1995) 57 FCR 451 Walden v Hensler (1987) 163 CLR 561