BLS17 v Minister for Immigration and Border Protection [2019] FCA 1079

FEDERAL COURT OF AUSTRALIA

BLS17 v Minister for Immigration and Border Protection [2019] FCA 1079 Appeal from: BLS17 v Minister for Immigration & Anor [2018] FCCA 3064

File number(s): VID 1448 of 2018

Judge(s): O'BRYAN J

Date of judgment: 12 July 2019

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review of decision of Immigration Assessment Authority affirming decision of Minister's delegate refusing grant of protection visa – unreasonableness – where decision of Minister's delegate was not based on adverse credibility findings – whether Immigration Assessment Authority's failure to put adverse findings of fact to appellant was legally unreasonable – procedural fairness – whether Immigration Assessment Authority denied appellant procedural fairness by failing to put adverse findings of fact to appellant – appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) Migration Act 1958 (Cth) Pt 7AA, Div 3, ss 473DA(1), 473DC, 473DD

Cases cited: BCQ16 v Minister for Immigration and Border Protection [2018] FCA 365 DGZ16 v Minister for Immigration and Border Protection (2018) 258 FCR 551 DPI17 v Minister for Home Affairs [2019] FCAFC 43 DYK16 v Minister for Immigration and Border Protection [2018] FCAFC 222 Hossain v Minister for Immigration and Border Protection (2018) 359 ALR 1 Kioa v West (1985) 159 CLR 550 Minister for Immigration and Border Protection v CRY16 (2017) 253 FCR 475 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW (2018) 163 ALD 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 353 ALR 600 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152