BEB16 v Minister for Home Affairs [2019] FCA 2097

FEDERAL COURT OF AUSTRALIA

BEB16 v Minister for Home Affairs [2019] FCA 2097 Appeal from: BEB16 v Minister for Immigration & Anor [2019] FCCA 1147

File number: NSD 826 of 2019

Judge: MARKOVIC J

Date of judgment: 13 December 2019

Catchwords: MIGRATION – appeal from orders of Federal Circuit Court of Australia dismissing application for judicial review of decision of Administrative Appeals Tribunal – where appellant's valid visa application was preceded by an invalid visa application – whether Tribunal acted contrary to s 47(3) of the Migration Act 1958 (Cth) in considering the content of the first application when considering the second application – whether Tribunal took certain claims into account when making adverse credibility findings – whether failure to notify appellant of certificate issued pursuant to s 438 of the Act jurisdictional error – whether Tribunal ignored relevant evidence – whether Tribunal biased in way it conducted review process – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 47(3), 415

Cases cited: CPD16 v Minister for Immigration and Border Protection [2018] FCA 322 Murad v Assistant Minister for Immigration and Border Protection (2017) 250 FCR 510 Minister for Immigration and Multicultural Affairs v Li (2000) 103 FCR 486 Minister for Immigration and Border Protection v SZMTA (2019) 363 ALR 599; [2019] HCA 3 SZGME v Minister and Immigration and Citizenship (2008) 168 FCR 487 Re Refugee Tribunal; ex parte H (2001) 179 ALR 425; [2001] HCA 28 Yilmaz v Minister for Immigration and Multicultural Affairs (2000) 100 FCR 495