BSQ16 v Minister for Immigration and Border Protection [2018] FCA 469

FEDERAL COURT OF AUSTRALIA

BSQ16 v Minister for Immigration and Border Protection [2018] FCA 469 Appeal from: BSQ16 v Minister for Immigration & Anor [2017] FCCA 1123

File number: NSD 880 of 2017

Judge: WIGNEY J

Date of judgment: 13 March 2018

Catchwords: MIGRATION – application for Temporary Protection (subclass 785) visa – "fast track review" process in Part 7AA of Migration Act 1958 (Cth) – whether appellant's grounds of appeal engaged the appellate jurisdiction – failure to consider a claim – denial of procedural fairness – whether s 473DA of Migration Act 1958 (Cth) excludes the common law natural justice hearing rule from reviews under Part 7AA – failure to ask "relevant questions" – s 473GB certificate – appeal dismissed

Legislation: Migration Act 1958 (Cth), ss 5, 36, 357A, 422B, 425, 473CA, 473DA, 473DB, 473DC, 473DD, 473DE, 473GB, 476 Convention Relating to the Status of Refugees. Opened for signature 28 July 1951. 189 UNTS 137 (entered into force 22 April 1954)

Cases cited: AJJ16 v The Minister for Immigration [2017] FCA 132 ARG15 v Minister for Immigration and Border Protection (2016) 250 FCR 109 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146 Gill v Minister for Immigration and Border Protection (2017) 250 FCR 309 Minister for Immigration and Border Protection v AMA16 [2017] FCAFC 136 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176 Minister for Immigration and Border Protection v Singh (2016) 244 FCR 305 MZAFZ v Minister for Immigration and Border Protection (2016) 243 FCR 1 SFGB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 231 SZJHE v Minister for Immigration and Citizenship [2008] FCA 1771 VAS v Minister for Immigration [2002] FCAFC 350