ALC15 v Minister for Immigration and Border Protection [2016] FCA 730

FEDERAL COURT OF AUSTRALIA

ALC15 v Minister for Immigration and Border Protection [2016] FCA 730 Appeal from: ALC15 v Minister for Immigration & Anor [2015] FCCA 2643

File number: NSD 1319 of 2015

Judge: MARKOVIC J

Date of judgment: 21 June 2016

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – whether the Tribunal erred by reaching conclusions not based on evidence, by taking into account irrelevant considerations and failing to properly consider the applicant's claims – whether the Tribunal denied the applicant procedural fairness – whether the primary judge failed to provide adequate reasons in relation to certain grounds – consideration of the basis and content of a court's duty to provide reasons

Legislation: Federal Court of Australia Act 1976 (Cth) s 28(1) Migration Act 1958 (Cth) ss 36(2)(a), 425(1)

Cases cited: AMF15 v Minister for Immigration and Border Protection [2016] FCAFC 68 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Carlisle Homes Pty Ltd v Barrett Property Group Ltd [2009] FCAFC 31 City of Wanneroo v Holmes (1989) 30 IR 362; [1989] FCA 369 FTZK v Minister for Immigration and Border Protection (2014) 310 ALR 1 Housing Commission (NSW) v Tatmar Pastoral Co Pty Ltd [1983] 3 NSWLR 378 Hunter v Transport Accident Commission (2005) 43 MVR 130 Islam v Cash [2015] FCA 815 Khanam v Minister for Immigration and Citizenship [2009] FCA 966 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Muin v Refugee Review Tribunal (2002) 190 ALR 601 Pettitt v Dunkley [1971] NSWLR 376 Public Service Board of NSW v Osmond (1986) 159 CLR 657 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZSRV v Minister for Immigration and Border Protection [2014] FCA 220 SZVAP v Minister for Immigration and Border Protection [2015] FCA 1089 Tisdall v Webber (2011) 193 FCR 260