BMM18 v Minister for Home Affairs [2020] FCA 785

FEDERAL COURT OF AUSTRALIA

BMM18 v Minister for Home Affairs [2020] FCA 785 Appeal from: BMM18 v Minister for Home Affairs & Anor [2018] FCCA 2646

File number(s): QUD 715 of 2018

Judge(s): GREENWOOD J

Date of judgment: 5 June 2020

Catchwords: MIGRATION – consideration of the question of the approach to determining whether the Administrative Appeals Tribunal fell into jurisdictional error in reaching a finding about credit – consideration of whether ss 424A and 424AA of the Migration Act 1958 (Cth) were engaged – consideration of whether particular information was information for the purposes of those sections – consideration of the distinction between matters going to the statutory criteria relevant to a protection visa application and matters going to credibility – consideration of whether the addition of a further paragraph to the reasons after publication of the reasons was beyond power – consideration of whether the introduction of the additional paragraph is a nullity – consideration of whether the circumstance of the addition of the paragraph revealed aspects of the thinking of the decision-maker – consideration of whether the decision-maker took into account an irrelevant consideration – consideration of whether the principles derived from Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 and Shrestha v Minister for Immigration and Border Protection (2018) 264 CLR 151 were engaged

Legislation: Migration Act 1958 (Cth), ss 5J, 36(2)(a), 36(2)(aa), 65, 424A, 424AA, 430, 430A

Cases cited: G15 v Minister for Immigration and Border Protection (2016) 70 AAR 413 Craig v South Australia (1995) 184 CLR 163 ARG15 and Others v Minister for Immigration and Border Protection (2016) 250 FCR 109 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZLFX (2009) 238 CLR 507 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 MZXBQ v Minister for Immigration and Citizenship and Anor (2008) 166 FCR 483 Nobarani v Mariconte (2018) 265 CLR 236 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 74 ALJR 405 Re Refugee Review Tribunal Ex parte AALA (2000) 204 CLR 82 Shrestha v Minister for Immigration and Border Protection (2018) 264 CLR 151 SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 1190; 235 ALR 609 SZVAP v Minister for Immigration and Border Protection (2015) 233 FCR 451 SZVCZ v Minister for Immigration and Border Protection (2017) 252 FCR 540