BPN16 v Minister for Immigration and Border Protection [2020] FCA 282

FEDERAL COURT OF AUSTRALIA

BPN16 v Minister for Immigration and Border Protection [2020] FCA 282 Appeal from: BPN16 v Minister for Immigration and Border Protection [2019] FCCA 916

File number: NSD 624 of 2019

Judge: PERRAM J

Date of judgment: 10 March 2020

Catchwords: MIGRATION – appeal from Federal Circuit Court – whether Court erred in dismissing application for judicial review of Administrative Appeals Tribunal to refuse to issue Appellant a Protection (Class XA) visa – whether Tribunal unfairly questioned Appellant – whether Tribunal reasoned illogically in considering claims of discrimination and attacks either by Awami League or criminal gangs seeking to steal from Appellant's fish farm – whether Tribunal failed to consider claims on basis of membership of a social group – whether Tribunal failed to comply with requirement to invite Appellant to appear under Migration Act 1958 (Cth) s 425 PRACTICE AND PROCEDURE – where Court discovered possible errors in Tribunal's decision whilst judgment reserved – where natural justice letter sent to parties inviting further submissions

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36, 425, 430

Cases cited: BJB16 v Minister for Immigration and Border Protection [2018] FCAFC 49; 260 FCR 116 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; 263 FCR 292 Minister for Aboriginal Affairs v Peko-Wallsend Limited [1986] HCA 40; 162 CLR 24 Minister for Immigration and Border Protection v SZSCA [2014] HCA 45; 254 CLR 317 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Citizenship v SZNVW [2010] FCAFC 41; 183 FCR 575 Minister for Immigration and Multicultural Affairs v SCAR [2003] FCAFC 126; 128 FCR 553 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 QLN147 v Republic of Nauru [2018] HCA 41; 92 ALJR 874