AVU15 v Minister for Immigration and Border Protection [2017] FCA 608

FEDERAL COURT OF AUSTRALIA

AVU15 v Minister for Immigration and Border Protection [2017] FCA 608 Appeal from: AVU15 v Minister for Immigration and Anor [2016] FCCA 3065

File number: VID 1459 of 2016

Judge: BROMBERG J

Date of judgment: 1 June 2017

Catchwords: MIGRATION – Protection (Class XA) visa – appeal from the Federal Circuit Court of Australia – whether the primary judge erred in failing to find jurisdictional error because the Refugee Review Tribunal ("Tribunal") failed to consider a claim – whether the claim asserted to have been made to the Tribunal was made – where the reasons of the Tribunal adverted to the claim but did not expressly engage with in – whether the claim was the subject of genuine and proper consideration – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 36, 430, 474

Cases cited: Alexander v Australian Community Pharmacy Authority (2010) 233 FCR 575 Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 236 FCR 593 AVU15 v Minister for Immigration [2016] FCCA 3065 Khan v Minister for Immigration and Ethnic Affairs [1987] FCA 713 Lafu v Minister for Immigration and Citizenship [2009] FCAFC 140 Minister for Immigration and Citizenship v SZJSS (2011) 243 CLR 164 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 MZYPW v Minister for Immigration and Citizenship [2012] FCAFC 99 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 SLMB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 129