Minister for Immigration and Border Protection v Lium [2019] FCA 1850

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Border Protection v Lium [2019] FCA 1850 Appeal from: Lium v Minister for Immigration & Anor [2018] FCCA 2916

File number: NSD 2031 of 2018

Judge: NICHOLAS J

Date of judgment: 12 November 2019

Catchwords: MIGRATION – where primary judge set-aside decision of Administrative Appeals Tribunal ("AAT") refusing applicant's application for a medical treatment visa – where primary judge characterised AAT's reasons for decision as cursory – whether open to primary judge to find that the AAT failed to give the applicant's application for review proper, genuine and realistic consideration – whether AAT committed jurisdictional error – whether errors attributed to AAT by primary judge could have affected outcome of the review – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 5, 30(2) Migration Regulations 1994 (Cth) cll 602.212, 602.213 and 3000

Cases cited: Ahmad v Minister for Immigration and Border Protection; Zhao v Minister for Immigration and Border Protection (No 2) [2018] FCAFC 200 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Collector of Customs v Pozzolanic (1993) 43 FCR 280 Hossain v Minister for Immigration (2018) 264 CLR 123 Minister for Immigration and Citizenship v Khadgi (2010) 190 FCR 248 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration v SZJSS (2010) 243 CLR 164 Minister for Immigration and Border Protection v SZMTA (2019) 93 ALJR 252