BHG15 v Minister for Immigration and Border Protection [2018] FCA 761

FEDERAL COURT OF AUSTRALIA

BHG15 v Minister for Immigration and Border Protection [2018] FCA 761 Appeal from: BHG15 v Minister for Immigration & Anor [2017] FCCA 3218

File number: NSD 86 of 2018

Judge: BARKER J

Date of judgment: 25 May 2018

Catchwords: MIGRATION – application for a (class XA) protection visa – appeal from the Federal Circuit Court of Australia – whether judge committed jurisdictional error – whether judge applied the wrong test for complementary protection – whether the judge erred in not finding that the Refugee Review Tribunal's decision was unreasonable – certificate purportedly made under section 438 of the Migration Act 1958 (Cth) – where appeals before the High Court of Australia regarding non-disclosure certificates not yet determined – subject to determination of pending High Court appeals, grounds of appeal fail

Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 48A, 438

Cases cited: BEG15 v Minister for Immigration and Border Protection and Another (2017) 253 FCR 36; [2017] FCAFC 198 CQG15 v Minister for Immigration and Border Protection (2016) 70 AAR 416; [2016] FCAFC 146 Minister for Immigration and Border Protection v BJN16 and Another (2017) 253 FCR 21; [2017] FCAFC 197 Minister for Immigration and Border Protection v CQZ15 and Another (2017) 253 FCR 1; [2017] FCAFC 194 Minister for Immigration and Border Protection v Singh and Another (2016) 244 FCR 305; [2016] FCAFC 183 Muin v Refugee Review Tribunal and Others (S36 of 1999); Lie v Refugee Review Tribunal and Others (S89 of 1999) (2002) 190 ALR 601; [2002] HCA 30 MZAFZ v Minister for Immigration and Border Protection and Another (2016) 243 FCR 1; [2016] FCA 1081 SZGIZ v Minister for Immigration and Citizenship (2013) 212 FCR 235; [2013] FCAFC 71