AJY17 v Minister for Immigration and Border Protection [2020] FCA 327

FEDERAL COURT OF AUSTRALIA

AJY17 v Minister for Immigration and Border Protection [2020] FCA 327 Appeal from: AJY17 v Minister for Immigration & Anor [2019] FCCA 1057

File number: NSD 653 of 2019

Judge: CHARLESWORTH J

Date of judgment: 13 March 2020

Catchwords: MIGRATION – appeal from an order dismissing an application for judicial review of a decision of the Immigration Assessment Authority – primary judge held it was open to the Authority to conclude that the appellant was not a person who would be imputed by the Sri Lankan authorities to have the political opinions of a member of the Liberation Tigers of Tamil Eelam – grounds of appeal ambiguous – no objection to court on appeal examining the reasoning of the primary judge for appealable error – primary judge proceeded on an incomplete summary of the appellant's claims – decision of Authority affected by legal unreasonableness – Authority's errors material to the outcome – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36, 65, 474, Pt 7AA Migration Regulations 1994 (Cth)

Cases cited: ARG15 v Minister for Immigration and Border Protection (2016) 250 FCR 109 Craig v South Australia (1995) 184 CLR 163 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516; 69 AAR 210 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Shrestha v Minister for Immigration and Border Protection (2018) 264 CLR 151