BBM18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1602

Federal Court of Australia

BBM18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1602 Appeal from: BBM18 v Minister for Home Affairs & Anor [2018] FCCA 2032

File number: NSD 1340 of 2018

Judgment of: GLEESON J

Date of judgment: 5 November 2020

Catchwords: MIGRATION – whether the Federal Circuit Court of Australia erred in failing to be satisfied as to the existence of an arguable case that the Immigration Assessment Authority's (IAA) decision involved jurisdictional error – where the appellant alleged numerous errors of fact by the IAA – where errors of fact established – where errors of fact were material to the IAA's decision – arguable case of jurisdictional error established – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 5H(1), 36 Federal Circuit Court Rules 2001 r 44.12

Cases cited: AOJ18 v Minister for Home Affairs [2018] FCAFC 220 BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; 253 FCR 496 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 NAFF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] HCA 62; 221 CLR 1 Siddique v Minister for Immigration and Border Protection [2014] FCA 1352 SZTGS v Minister for Immigration and Border Protection [2014] FCA 676 SZTTW v Minister for Immigration and Border Protection [2014] FCA 837