PXYJ v Minister for Immigration and Border Protection [2018] FCA 927

FEDERAL COURT OF AUSTRALIA

PXYJ v Minister for Immigration and Border Protection [2018] FCA 927 File number: WAD 565 of 2017

Judge: MCKERRACHER J

Date of judgment: 21 June 2018

Catchwords: MIGRATION – application for review of a decision of the Administrative Appeals Tribunal – where the Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a Partner (Migrant) (Class BC) visa pursuant to s 501(1) of the Migration Act 1958 (Cth) – where the applicant incorrectly sought to 'appeal' from the Tribunal's decision under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – whether the Tribunal erred in its consideration of the 'primary considerations' under Ministerial Direction No 65 and the 'best interests' of minor children – whether the Tribunal erred in considering whether the applicant had a well-founded fear of persecution in light of BCR16 – whether the Tribunal failed to appropriately assess Australia's international non-refoulement obligations – where no jurisdictional error demonstrated

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Migration Act 1958 (Cth) ss 5J, 36(2), 476A(1)(b), 501, 501(1), 501CA(3) Criminal Code Act Compilation Act 1913 (WA)

Cases cited: AYY15 v Minister for Immigration and Border Protection [2018] FCA 130 BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Selvadurai v Minister for Immigration and Ethnic Affairs (1994) 34 ALD 347 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Vaitaiki v Minister for Immigration and Ethnic Affairs (1998) 150 ALR 608 Wan v Minister for Immigration and Multicultural Affairs (2001) 107 FCR 133