ANI15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 798

FEDERAL COURT OF AUSTRALIA

ANI15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 798 Appeal from: ANI15 & Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2019] FCCA 3301

File number: VID 1365 of 2019

Judge: SNADEN J

Date of judgment: 12 June 2020

Catchwords: MIGRATION – protection visa – appeal from a decision of the Federal Circuit Court of Australia – application for review of a decision to refuse a protection visa – whether the Administrative Appeals Tribunal failed to take account of relevant considerations – whether the Tribunal was obliged to consider submissions and evidence advanced in a previously constituted tribunal – whether the Tribunal failed to take into account the appellant's alleged impecuniosity – whether the appellant's liability for payment for his removal from Australia was a relevant consideration – legal unreasonableness – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36 and 210

Cases cited: ANI15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2019] FCCA 3301 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194 DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Home Affairs v Buadromo (2018) 267 FCR 320 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 Republic of Nauru v WET040 (No 2) (2018) 93 ALJR 102 SZGUW v Minister for Immigration and Citizenship (2009) 108 ALD 108