ABA15 v Minister for Immigration and Border Protection [2016] FCA 1419

FEDERAL COURT OF AUSTRALIA

ABA15 v Minister for Immigration and Border Protection [2016] FCA 1419 Appeal from: ABA15 v Minister for Immigration and Border Protection [2016] FCCA 60

File number: SAD 42 of 2016

Judge: CHARLESWORTH J

Date of judgment: 28 November 2016

Catchwords: MIGRATION – protection visa – whether visa applicant would suffer significant harm by reason of returning to Sri Lanka having departed illegally – decision-maker determined visa applicant would spend only a short period in gaol before grant of bail – denial of procedural fairness in assessing likelihood of bail

Legislation: Migration Act 1958 (Cth), ss 5, 36, 36(2A), 36(2B), 36(2C), 65, 425, 476, 476A

Cases cited: Gomez v Minister for Immigration and Multicultural Affairs (2002) 190 ALR 543, [2002] FCA 480 Lobban v Minister for Justice [2016] FCAFC 109 Metwally v University of Wollongong (1985) 60 ALR 68, [1985] HCA 28 Minister for Immigration and Border Protection v SZTQS [2015] FCA 1069 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 SFGB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 77 ALD 402 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253 SZTAL v Minister for Immigration and Border Protection [2016] FCAFC 69 SZTAP v Minister for Immigration and Border Protection (2015) 238 FCR 404 VUAX v Minister for Immigration and Multicultural Affairs (2004) 238 FCR 588