BBE15 v Federal Circuit Court of Australia [2020] FCA 965

FEDERAL COURT OF AUSTRALIA

BBE15 v Federal Circuit Court of Australia [2020] FCA 965 File number: NSD 2080 of 2019

Judge: GRIFFITHS J

Date of judgment: 10 July 2020

Catchwords: MIGRATION – application for judicial review arising from alleged breach of s 91X of the Migration Act 1958 (Cth) – whether alleged breach amounted to procedural unfairness –whether injunction, declarations or a suppression order should be made – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) ss 21, 37AF Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth) ss 5A, 46A, 48B, 91X, 195A, 336, 417, 431, 473GC

Cases cited: Ainsworth v Criminal Justice Commission [1992] HCA 10; 175 CLR 564 Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63; 208 CLR 199 AVN20 v Federal Circuit Court of Australia [2020] FCA 584 AWU15 v Minister for Immigration and Border Protection (No 2) [2019] FCA 2132 BBE15 v Minister for Immigration and Border Protection [2016] FCCA 2281 BBE15 v Minister for Immigration and Border Protection [2017] FCA 111 BVC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 586 C7A/2017 v Minister for Immigration and Border Protection (No 2) [2020] FCAFC 70 CVG20 v Minister for Home Affairs (No 2) [2020] FCA 690 DSO18 v Minister for Home Affairs [2020] FCA 286 EAU17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2086 ELA18 v Minister for Home Affairs (No 2) [2020] FCA 782 Forster v Jododex Australia Pty Ltd [1972[ HCA 61; 127 CLR 421 Kioa v West [1985] HCA 81; 159 CLR 550 Plaintiff S10/2011 v Minister for Immigration and Citizenship [2012] HCA 31; 246 CLR 636 WZAUP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 116