AQM18 v Minister for Immigration and Border Protection [2018] FCA 944

FEDERAL COURT OF AUSTRALIA

AQM18 v Minister for Immigration and Border Protection [2018] FCA 944 File number: VID 146 of 2018

Judge: MOSHINSKY J

Date of judgment: 21 June 2018

Catchwords: MIGRATION – protection visa – where the Administrative Appeals Tribunal found that the applicant was a person in respect of whom Australia had protection obligations under s 36(2)(aa) of the Migration Act 1958 (Cth) (the First Tribunal Decision) – where the Tribunal subsequently found that the discretion in s 501(1) to refuse the applicant's visa on character grounds should not be exercised (the Second Tribunal Decision) – where the Minister exercised the power in s 501A(2) to set aside the Second Tribunal Decision and to refuse the applicant's application for a protection visa – whether decision of the Minister affected by jurisdictional error on the basis that it was not made within a reasonable time – whether the Minister misunderstood the legal consequences of a decision to refuse the applicant a visa – whether the Minister failed to afford natural justice by making decision on a basis not disclosed to the applicant – whether the Minister's decision was affected by apprehended bias

Legislation: Australian Citizenship Act 2007 (Cth) Evidence Act 1995 (Cth), s 136 Freedom of Information Act 1982 (Cth) Migration Act 1958 (Cth), ss 36, 189, 195A, 197AB, 197C, 198, 499, 501, 501A

Cases cited: ASP15 v Commonwealth (2016) 248 FCR 372 Bidjara Aboriginal Housing and Land Company Ltd v Indigenous Land Corporation (2001) 106 FCR 203 BMF16 v Minister for Immigration and Border Protection [2016] FCA 1530 Coco v R (1994) 179 CLR 427 Commonwealth v Fernando (2012) 200 FCR 1 Cotterill v Minister for Immigration and Border Protection (2016) 240 FCR 29 Craig v South Australia (1995) 184 CLR 163 DMH16 v Minister for Immigration and Border Protection (2017) 253 FCR 576 Ebner v Official Trustee in Bankruptcty (2000) 205 CLR 337 Kardas v Australian Securities Commission (1998) 53 ALD 303 Kirk v Industrial Court (NSW) (2010) 239 CLR 531 Koon Wing Lau v Calwell (1949) 80 CLR 533 Madafferi v Minister for Immigration and Multicultural Affairs (2002) 118 FCR 326 McGovern v Ku-ring-gai Council (2008) 72 NSWLR 504 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 NBNB v Minister for Immigration and Border Protection (2014) 220 FCR 44 NKWF v Minister for Immigration and Border Protection [2018] FCA 409 Re Bolton; Ex parte Beane (1987) 162 CLR 514 Re Federal Commissioner of Taxation; Ex parte Australena Investments Pty Ltd (1983) 50 ALR 577 Re Patterson; Ex parte Taylor (2001) 207 CLR 391 Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 Thornton v Repatriation Commission (1981) 52 FLR 285; 35 ALR 485 Webb v The Queen (1994) 181 CLR 41 Wei v Minister for Immigration, Local Government and Ethnic Affairs (1991) 29 FCR 455