BYR17 v Minister for Immigration and Border Protection [2018] FCA 1324

FEDERAL COURT OF AUSTRALIA

BYR17 v Minister for Immigration and Border Protection [2018] FCA 1324 Appeal from: BYR17 v Minister for Immigration & Anor [2017] FCCA 3114

File number: NSD 2 of 2018

Judge: BROMBERG J

Date of judgment: 7 September 2018

Catchwords: MIGRATION – Pt 7AA of the Migration Act 1958 (Cth) ("Act") – appeal from the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority ("Authority") – whether the Authority failed to consider a claim that the appellant was eligible for a protection visa by reason of s 36(2)(b) and/or (c) of the Act ("Family Unit Criteria") – where no express claim was made before the Authority, whether Authority committed jurisdictional error in failing to consider a claim that was apparent on the materials – principles regarding whether a claim has been made – the nature of the Authority's review function under s 473CC of the Act – appeal dismissed

Legislation: Migration Act 1958 (Cth), Pt 7AA, ss 5(1), 36(2), 48A, 473CA, 473CB, 473CC Migration Regulations 1994 (Cth), Reg 1.05A, 1.12

Cases cited: AVU15 v Minister for Immigration and Border Protection [2017] FCA 608 DFC16 v Minister for Immigration and Border Protection [2018] FCAFC 56 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 NAVK v Minister for Immigration and Multicultural and Indigenous affairs [2004] FCA 1695 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZTAD v Minister for Immigration and Border Protection [2014] FCA 1256