BIE15 v Minister for Immigration and Border Protection [2019] FCA 1646

FEDERAL COURT OF AUSTRALIA

BIE15 v Minister for Immigration and Border Protection [2019] FCA 1646 Appeal from: BIE15 v Minister for Immigration and Border Protection [2016] FCCA 2978

File number: NSD 2116 of 2016

Judge: STEWART J

Date of judgment: 16 October 2019

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia dismissing application for judicial review of decision of Refugee Review Tribunal not to grant protection visa – whether Tribunal made a jurisdictional error in not considering a claim – whether decision of the Tribunal unreasonable – whether Tribunal failed to take claim into account – whether Tribunal precluded from considering grounds for protection visa under s 48A of the Migration Act 1958 (Cth) – where Minister issued a certificate under s 438 of the Act that disclosure of certain information to the appellant against the public interest – where Tribunal did not disclose the existence of the certificate to appellant – whether jurisdictional error – no jurisdictional error – appeal dismissed PRACTICE AND PROCEDURE – whether matter should be referred to Full Court under s 25(1AA)(b) of the Federal Court of Australia Act 1976 (Cth) – not appropriate to refer to Full Court

Legislation: Federal Court of Australia Act 1976 (Cth) s 25(1AA)(b) Migration Act 1958 (Cth) ss 36(2), 48A, 48B, 417, 424AA, 438, 476

Cases cited: Charan v Secretary, Department of Social Services [2019] FCAFC 134 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 363 ALR 599 Minister for Immigration and Border Protection v SZVCH [2016] FCAFC 127; 244 FCR 366 SZGIZ v Minister for Immigration and Citizenship [2013] FCAFC 71; 212 FCR 235 SZOBI v Minister for Immigration and Citizenship [2010] FCA 1026 SZVCH v Minister for Immigration and Border Protection [2017] HCASL 78