BNB17 v Minister for Immigration and Border Protection [2020] FCA 304

FEDERAL COURT OF AUSTRALIA

BNB17 v Minister for Immigration and Border Protection [2020] FCA 304 Appeal from: BNB17 v Minister for Immigration & Anor [2019] FCCA 1314

File number(s): VID 626 of 2019

Judge(s): ANDERSON J

Date of judgment: 12 March 2020

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia (Circuit Court) dismissing application for judicial review of decision of Immigration Assessment Authority (Authority) not to grant Safe Haven Enterprise visa – where appellant was assisted by interpreter at interview with delegate of the Minister – where alleged mistranslations at interview were raised with delegate – where delegate's decision to refuse visa was referred to Authority – where appellant requested that Authority grant further interview because of alleged mistranslations – where Authority rejected appellant's request – whether Authority's decision to not invite a further interview was legally unreasonable – whether mistranslations meant that Secretary failed to provide Authority with review material – whether Authority failed to perform its statutory task because it failed to refer to evidence from appellant about bodily scarring Held: appeal dismissed – decision of Authority to not invite appellant to further interview was not legally unreasonable – Secretary did not fail to provide Authority with review material – Authority did not fail to perform its statutory task by not expressly referring to appellant's evidence regarding bodily scarring

Legislation: Migration Act 1958 (Cth) Pts 7, 7AA, ss 5, 65, 473BB, 473CA, 473CB(1), 473CB(1)(b), 473CB(1)(c), 473CC, 473DB(1), 473DC, 473DC(2), 473DD, 473DE, 473DF, 473FA, 473FC(1) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)