AWN16 v Minister for Immigration and Border Protection [2020] FCA 1095

FEDERAL COURT OF AUSTRALIA

AWN16 v Minister for Immigration and Border Protection [2020] FCA 1095 Appeal from: AWN16 v Minister for Immigration & Border Protection [2019] FCCA 3033

File number: VID 1248 of 2019

Judge: BURLEY J

Date of judgment: 31 July 2020

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – where cl 866.222 of the Migration Regulations 1994 (Cth) disallowed by the Senate after the delegate's decision but before review by the Administrative Appeals Tribunal – whether Tribunal erred in failing to remit the application to the delegate – whether Tribunal was unreasonable and therefore fell into jurisdictional error – whether Tribunal erred in failing to consider to exercise its power to inquire – whether Tribunal should have exercised power to inquire – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 36(2)(a), s 36(2)(aa), s 415 Migration Regulations 1994 (Cth) cl 866.222 Migration Amendment (Unauthorised Maritime Arrival) Regulation 2013 (Cth) Explanatory Memorandum to the Migration Reform Bill 1992 (Cth)

Cases cited: AWN16 v Minister for Immigration & Anor [2019] FCCA 3033 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; (2004) 78 ALJR 992 Minister for Immigration & Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 83 ALJR 1123 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Multicultural Affairs v Lay Lat [2006] FCAFC 61; 151 FCR 214 SZGME v Minister for immigration and Citizenship [2008] FCAFC 91; 168 FCR 487 WAGJ v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 277