CCK16 v Minister for Immigration, Citizenship and Multicultural Affairs [2018] FCA 1963

FEDERAL COURT OF AUSTRALIA

CCK16 v Minister for Immigration, Citizenship and Multicultural Affairs [2018] FCA 1963 Appeal from: CCK16 v Minister for Immigration & Anor [2018] FCCA 1724

File number: VID 876 of 2018

Judge: COLLIER J

Date of judgment: 13 December 2018

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – judicial review – protection visa – whether information about a class of persons or whether information specifically about the visa applicant – where relevant information described process of conversion to Baha'i faith – identity of visa applicant not revealed – where information was not reason or part of reason for Tribunal's decision – appeal dismissed MIGRATION – whether Tribunal's decision affected by legal unreasonableness, illogicality or irrationality – where findings were rationally open to Tribunal PRACTICE AND PROCEDURE – application to amend grounds of appeal – where no prejudice to other party – leave granted

Legislation: Migration Act 1958 (Cth) ss 36(2)(aa), 36(2A), 424, 424(1), 424A, 424A(1), 424A(3), 424A(3)(a), 424A(3)(b)

Cases cited: Baig v Minister for Immigration & Multicultural Affairs [2002] FCA 380 CCK16 v Minister for Immigration & Anor [2018] FCCA 1724 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZHXF [2008] FCAFC 36; (2008) 166 FCR 298 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; (1999) 197 CLR 611 MZZLF v Minister for Immigration and Border Protection [2014] FCCA 1298 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; (2007) 235 ALR 609 SZVCZ v Minister for Immigration and Border Protection [2017] FCAFC 130; (2017) 252 FCR 540 VHAP v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 82; (2004) 80 ALD 559