WZATX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1262

Federal Court of Australia

WZATX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1262 Appeal from: WZATX v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 2576

File number: WAD 521 of 2019

Judgment of: JACKSON J

Date of judgment: 1 September 2020

Catchwords: MIGRATION - appeal from decision of the Federal Circuit Court of Australia - application for judicial review of decision of the Administrative Appeals Tribunal - appellant submitted two media files and translations as evidence to be considered by the Tribunal - where reasons of Tribunal only referred to media file and translation in the singular - Tribunal misdescribed evidence but misdescription immaterial - Tribunal did not overlook or misconceive evidence - no error established MIGRATION - where appellant had made separate applications to the Tribunal for review - extent to which subsequent Tribunal may accept findings made in a decision of an earlier, differently constituted Tribunal - consideration of the operation of s 416 of the Migration Act 1958 (Cth) - whether later Tribunal required to conduct evaluation of the evidence before earlier Tribunal in light of any new evidence - whether later Tribunal erred in proceeding on basis that it was necessary for the appellant to show error in the earlier Tribunal's decision - no error established - appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36, 414, 416, 425

Cases cited: BUL15 v Minister for Immigration and Border Protection (No 2) [2018] FCA 597 Mazhar v Minister for Immigration and Multicultural Affairs [2000] FCA 1759; (2000) 183 ALR 188 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 Nejad v Minister for Immigration and Multicultural Affairs (1997) 79 FCR 153 Singh v Minister for Immigration and Multicultural Affairs (1997) 77 FCR 440 Soboleva v Minister for Immigration and Multicultural Affairs [2001] FCA 528; (2001) 113 FCR 353 Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 SZKOX v Minister For Immigration and Border Protection [2015] FCA 990 SZKOX v Minister for Immigration and Border Protection [2015] FCCA 789 SZNOL v Minister for Immigration and Citizenship [2012] FCA 917 SZSLM v Minister for Immigration and Border Protection [2014] FCA 945; (2014) 240 FCR 267 WAIJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 74; (2004) 80 ALD 568