BAK15 v Minister for Home Affairs [2018] FCA 1173

FEDERAL COURT OF AUSTRALIA

BAK15 v Minister for Home Affairs [2018] FCA 1173 Appeal from: BAK15 v Minister for Immigration and Border Protection [2018] FCCA 489

File number: NTD 8 of 2018

Judge: GRIFFITHS J

Date of judgment: 29 August 2018

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – whether the primary judge erred in finding that an assessor who conducted an International Treaty Obligations Assessment in respect of the appellant had not denied her procedural fairness by failing to put country information to her, because the assessor's conclusion was obviously open on the known material – whether the primary judge erred in finding that the appellant suffered no practical injustice because she did not claim to have engaged in the activities or had the profiles referred to in the relevant country information– whether the primary judge erred in finding that the appellant suffered no practical injustice because she did not submit to the primary judge that she would or could have made a submission in response to that country information – Held: appeal dismissed, with costs

Legislation: Migration Act 1958 (Cth)

Cases cited: Minister for Immigration and Border Protection v WZARH [2015] HCA 40; 256 CLR 326 Minister for Immigration and Citizenship v SZQHH [2012] FCAFC 45; 200 FCR 223 Plaintiff M61/2010E v Commonwealth of Australia [2010] HCA 41; 243 CLR 319 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Saeed v Minister for Immigration and Citizenship [2010] HCA 23; 241 CLR 252 Snedden v Minister for Justice for the Commonwealth of Australia [2014] FCAFC 156; 230 FCR 82 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 SZQGL v Minister for Immigration and Citizenship [2012] FCA 1011; 206 FCR 474