BDJ15 v Minister for Immigration and Border Protection [2017] FCA 1281

FEDERAL COURT OF AUSTRALIA

BDJ15 v Minister for Immigration and Border Protection [2017] FCA 1281 Appeal from: BDJ15 v Minister for Immigration & Anor [2016] FCCA 2608

File number: SAD 305 of 2016

Judge: CHARLESWORTH J

Date of judgment: 3 November 2017

Catchwords: MIGRATION – protection visa – factual allegation made in support of claim to be a refugee – express statement by Tribunal that no such allegation had been made – finding on allegation not subsumed in issues of greater generality – not otherwise unnecessary to consider and determine allegation — failure to consciously engage with factual allegation of contextual importance – jurisdictional error

Legislation: Migration Act 1958 (Cth), ss 36, 36(2A), 65, 414, 474, 476

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Craig v South Australia (1995) 184 CLR 163 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 SLMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 129 SZTAL v Minister for Immigration and Border Protection [2016] FCAFC 69 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34, (2017) 91 ALJR 936 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588