BXH16 v Minister for Home Affairs [2019] FCA 1388

FEDERAL COURT OF AUSTRALIA

BXH16 v Minister for Home Affairs [2019] FCA 1388 Appeal from: BHX16 v Minister for Immigration [2018] FCCA 1890

File number: VID 933 of 2018

Judge: KENNY J

Date of judgment: 28 August 2019

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – whether primary judge erred in finding no jurisdictional error – whether Tribunal failed to consider claims made by appellant – whether finding of fact made by Tribunal was illogical, irrational or unreasonable – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5AA, 36, 430

Cases cited: Applicant M190 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1362 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; 233 FCR 136 Minister for Immigration and Border Protection v MZYTS 2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 SZOOR v Minister for Immigration and Citizenship [2012] FCAFC 58; 202 FCR 1 SZRSS v Minister for Immigration and Citizenship [2014] FCA 137 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588