CSJ15 v Minister for Immigration and Border Protection [2017] FCA 1463

FEDERAL COURT OF AUSTRALIA

CSJ15 v Minister for Immigration and Border Protection [2017] FCA 1463 Appeal from: CSJ15 v Minister for Immigration and Border Protection [2017] FCCA 781

File number: VID 521 of 2017

Judge: TRACEY J

Date of judgment: 11 December 2017

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court which dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal – where the Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Border Protection to refuse to grant a Protection (Class XA) visa – whether the Federal Circuit Court erred in failing to find that the Tribunal's decision was affected by jurisdictional error – whether the Tribunal failed to take into account a relevant consideration – whether the Tribunal's decision was legally unreasonable

Legislation: Migration Act 1985 (Cth)

Cases cited: Cotterill v Minister for Immigration and Border Protection (2016) 240 FCR 29; [2016] FCAFC 61 CSJ15 v Minister for Immigration and Border Protection [2017] FCCA 781 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Border Protection v SZUXN (2016) 69 AAR 210; [2016] FCA 516 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 Summers v Repatriation Commission (2015) 230 FCR 179; [2015] FCAFC 36