BCH17 v Minister for Immigration and Border Protection [2018] FCA 300

FEDERAL COURT OF AUSTRALIA

BCH17 v Minister for Immigration and Border Protection [2018] FCA 300 Appeal from: BCH17 v Minister for Immigration & Anor [2017] FCCA 1728

File number: WAD 427 of 2017

Judge: RANGIAH J

Date of judgment: 15 March 2018

Catchwords: MIGRATION – where Federal Circuit Court dismissed application for judicial review of a decision of the Immigration Assessment Authority – where appellant seeks to substitute new appeal grounds – Immigration Assessment Authority failed to consider aspect of appellant's claim to be a member of a particular social group – whether outcome would have been the same in any event – appeal allowed – decision quashed and matter remitted

Legislation: Migration Act 1958 (Cth) ss 5, 5H, 5J, 5L, 36 and 91R(1)(b) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Migration Regulations 1994 (Cth) Sch 1 and cl 790.221(2) of Sch 2

Cases cited: Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 Applicant S v Minister for Immigration and Multicultural Affairs (2004) 217 CLR 387 Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 236 FCR 593 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Haritos and Another v Federal Commissioner of Taxation (2015) 233 FCR 31 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136 MZANX v Minister for Immigration and Border Protection [2017] FCA 307 MZYQU v Minister for Immigration and Citizenship (2012) 206 FCR 191 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Summers v Repatriation Commission (2015) 230 FCR 179 SZATV v Minister for Immigration and Citizenship (2007) 232 CLR 18 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158