AEN15 v Minister for Immigration and Border Protection [2018] FCA 509

FEDERAL COURT OF AUSTRALIA

AEN15 v Minister for Immigration and Border Protection [2018] FCA 509 Appeal from: AEN15 v Minister for Immigration & Anor [2016] FCCA 2714

File number: VID 1325 of 2016

Judge: BROMBERG J

Date of judgment: 13 April 2018

Catchwords: MIGRATION – Protection (Class XA) visa – appeal from the Federal Circuit Court of Australia ("FCC") – whether FCC erred in failing to find jurisdictional error in the decision of the Refugee Review Tribunal ("Tribunal") – whether procedural fairness error of Tribunal could be transformed into a non-jurisdictional error where there is an independent un-impugned basis for the Tribunal's decision – whether procedural fairness error tainted an independent basis for the decision and whether, where it did not, relief should be denied because no useful result could ensue if the matter were remitted to the Tribunal – appeal dismissed

Legislation: Migration Act 1958 (Cth), ss 36(2), 425, 474

Cases cited: ABV16 v Minister for Immigration and Border Protection [2017] FCA 184 Lee v Minister for Immigration and Citizenship (2007) 159 FCR 181 Minister for Immigration and Border Protection v Hossain [2017] FCAFC 82 Minister for Immigration and Border Protection v SZTQS [2015] FCA 1069 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 SLMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 129 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26