BHB15 v Minister for Immigration and Border Protection [2017] FCA 680

FEDERAL COURT OF AUSTRALIA

BHB15 v Minister for Immigration and Border Protection [2017] FCA 680 Appeal from: BHB15 v Minister for Immigration & Anor [2016] FCCA 2299

File number: SAD 278 of 2016

Judge: REEVES J

Date of judgment: 19 June 2017

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court – where a delegate of the Minister refused application for protection visa – obligations of Tribunal under ss 424A and 424AA of the Migration Act 1958 (Cth) – whether failure of Tribunal to give appellant "clear particulars" amounts to jurisdictional error – whether failure to have interpreter present at delivery of judgment amounts to error – whether primary judge erred in failing to find that Tribunal failed to consider complimentary protection obligations under ss 36(2)(aa) and 36(2A) of the Migration Act 1958 (Cth) – whether primary judge erred in not finding that Tribunal failed to find prison conditions were inhuman – whether prison conditions were "intentionally inflicted" Held: appeal dismissed

Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)

Cases cited: Attorney-General for the State of New South Wales v Quin (1990) 170 CLR 1 BHB15 v Minister for Immigration & Anor [2016] FCCA 2299 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609; [2007] HCA 26 SZMCD v Minister for Immigration and Citizenship (2009) 174 FCR 415; [2009] FCAFC 46 SZTAL v Minister for Immigration and Border Protection (2016) 243 FCR 556; [2016] FCAFC 69