AVN15 v Minister for Immigration and Border Protection [2019] FCA 1825

FEDERAL COURT OF AUSTRALIA

AVN15 v Minister for Immigration and Border Protection [2019] FCA 1825 Appeal from: AVN15 v Minister for Immigration and Anor [2018] FCCA 2553

File number: NSD 1550 of 2018

Judge: LOGAN J

Date of judgment: 8 November 2019

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – judicial review of a decision of the Refugee Review Tribunal – where the appellant applied for a Protection visa – where the appellant and his brother arrived in Australia together – where their Protection visa applications were processed together – where they were interviewed together by the Department – where the appellant's matter was re-constituted to the same Tribunal Member who heard his brother's application after his brother's hearing – where the brother did not give evidence to the Tribunal in the appellant's hearing – where the Tribunal did not consider the brother's potentially corroborating evidence – whether the Tribunal had a duty to inquire to put before it the brother's evidence – whether a general duty to inquire exists – whether the Tribunal acted in a way that was legally unreasonable – whether the Tribunal's failure to consider the brother's evidence was a jurisdictional error – whether the Tribunal gave the appellant a meaningful hearing PRACTICE AND PROCEDURE – application for leave to amend grounds of appeal – where the Minister accepts that he would not be prejudiced by leave being granted – where the proposed new ground is a pure point of law raised on evidence before the Federal Circuit Court – whether the interests of justice are best served by permitting the notice of appeal to be amended