BEG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 660

FEDERAL COURT OF AUSTRALIA

BEG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 660 Appeal from: BEG17 v Minister for Immigration (No. 2) [2018] FCCA 3022

File number(s): QUD 827 of 2018

Judge(s): PERRY J

Date of judgment: 15 May 2020

Catchwords: MIGRATION – appeal from Federal Circuit Court dismissing application for judicial review of Refugee Review Tribunal decision to refuse protection visa – where Tribunal accepted appellants faced a real risk of harm from relatives in India – where Tribunal found appellants had the right to enter and reside in Nepal and they did not face a real risk of harm there – where Nepal issue raised for the first time at the Tribunal hearing with adult appellants separately in brief line of questioning– where no opportunity afforded for adult appellants to discuss the Nepal issue and its impacts for their minor son among themselves or provide further submissions or evidence on new complex questions of fact and law – where appellants effectively without representation – where Tribunal gave impression there was no scope for further input on the Nepal issue – whether Tribunal failed to comply with s 424A of the Act – where Tribunal failed to extend a real and meaningful invitation to the hearing contrary to s 425, Migration Act – where Tribunal's decision unreasonable by reason of the failure to advise the appellants they could seek an adjournment and seek to put further material before it on the Nepal issue – where errors material – appeal allowed PRACTICE AND PROCEDURE – whether leave to appeal and to raise new issues on appeal should be granted – importance of protecting integrity of scheme established by Part 8, Migration Act – where among other considerations potential seriousness of the outcome for the appellants including their minor son relevant – where same aspects of Tribunal's reasoning challenged by proposed amended particulars