CPJ16 v Minister for Immigration and Border Protection [2018] FCA 450

FEDERAL COURT OF AUSTRALIA

CPJ16 v Minister for Immigration and Border Protection [2018] FCA 450 File number(s): NSD 1853 of 2017

Judge(s): BROMWICH J

Date of judgment: 5 April 2018

Catchwords: MIGRATION – application for judicial review of decision of Tribunal affirming refusal of bridging visa – whether Tribunal failed to consider all mandatory relevant considerations or constructively failed to consider best interests of child, including by allegedly failing to consider particular evidence of applicant – whether Tribunal denied applicant procedural fairness – whether Tribunal acted irrationally, illogically or took into account an irrelevant consideration in making finding of general and criminal conduct in relation to outstanding charges – whether Tribunal acted irrationally, illogically or took into account an irrelevant consideration in finding that Children's Court orders reflected adversely on applicant's character – whether Tribunal took into account an irrelevant consideration or failed to properly assess merits of applicant's fear of harm claim – held: no failure by Tribunal to consider all mandatory relevant considerations or best interests of child as asserted – held: no error in Tribunal not taking into account particular evidence – held: no finding made by Tribunal of general and criminal conduct in relation to outstanding charges and therefore no error to be found – held: Tribunal fell into jurisdictional error by finding that Children's Court orders reflected adversely on applicant's character – held: Tribunal did not assess merits of applicant's fear of harm claim and therefore no error to be found – held: application allowed as to ground for which jurisdictional error is found