CLI15 v Minister for Immigration and Border Protection [2016] FCA 1223

FEDERAL COURT OF AUSTRALIA

CLI15 v Minister for Immigration and Border Protection [2016] FCA 1223 Appeal from: CLI15 v Minister for Immigration & Anor [2016] FCCA 650

File number: NSD 499 of 2016

Judge: BURLEY J

Date of judgment: 14 October 2016

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – Tribunal affirmed decision not to grant the appellant a Protection (Class XA) visa – whether the Administrative Appeals Tribunal failed to comply with ss 424A and 424AA of the Migration Act 1958 (Cth) – whether the Administrative Appeals Tribunal failed to consider fully the complementary protection obligations owed to the appellant ADMINISTRATIVE LAW – role of the Court to decide whether decision was invalid by reason of jurisdictional error – role of the Court not to consider factual merits of Tribunal's decision

Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) ss 36, 424A and 424AA

Cases cited: CLI15 v Minister for Immigration & Anor [2016] FCCA 650 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; (2007) 235 ALR 609 SZMCD v Minister for Immigration and Citizenship (2009) 174 FCR 415 SZTMC v Minister for Immigration and Border Protection [2015] FCA 1282 VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 236 FCR 549