BJL16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 524

FEDERAL COURT OF AUSTRALIA

BJL16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 524 Appeal from: BJL16 v Minister for Immigration & Anor [2019] FCCA 1915

File number: NSD 1254 of 2019

Judge: GLEESON J

Date of judgment: 23 April 2020

Catchwords: MIGRATION – application for a protection visa – where the Immigration Assessment Authority affirmed a decision of the delegate of the Minister not to grant the appellant a Safe Haven Enterprise visa – where a Judge of the Federal Circuit Court of Australia dismissed an application for judicial review – whether the FCCA Judge erred in concluding that the IAA did not fall into jurisdictional error by failing to consider a claim or issue contended by the appellant, to have arisen on the material – the scope of the IAA's obligation to consider a claim and its integers which "clearly emerge" from its findings

Legislation: Migration Act 1958 (Cth) s 473DC

Cases cited: AYY17 v Minister for Immigration and Border Protection [2019] FCAFC 89; (2018) 261 FCR 503 CRJ17 v Minister for Immigration and Border Protection [2018] FCA 1404 DAX18 v Minister for Home Affairs [2019] FCA 653 DBE16 v Minister for Immigration and Border Protection [2017] FCA 942 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; (2018) 258 FCR 551 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99

Date of hearing: 13 February 2020