BJU17 v Minister for Immigration and Border Protection [2021] FCA 111

Federal Court of Australia

BJU17 v Minister for Immigration and Border Protection [2021] FCA 111 Appeal from: BJU17 v Minister for Immigration & Anor [2018] FCCA 816

File number(s): QUD 193 of 2018

Judgment of: GREENWOOD J

Date of judgment: 17 February 2021

Catchwords: MIGRATION – consideration of an application for leave to adduce fresh evidence consisting of a transcript of an interview between a departmental officer and the appellant in relation to the appellant's application for a Safe Haven Enterprise (Subclass 790) visa – consideration of the relationship between the transcript and the grounds of appeal – consideration of whether the Immigration Assessment Authority ("IAA") failed to recognise a material element of the appellant's claim – consideration of the IAA's approach to characterising the harm to which the appellant was exposed

Legislation: Migration Act 1958 (Cth), ss 36(2)(a), 36(2)(aa), 473CA, 473CC

Cases cited: Abebe v The Commonwealth (1999) 197 CLR 510 ABT17 v Minister for Immigration and Border Protection (2020) 383 ALR 407 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS and Another (2010) 240 CLR 611 NASB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 24 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 Re Refugee Review Tribunal and Another; Ex parte AALA (2000) 204 CLR 82 Wickramasinghe v Minister for Immigration and Border Protection [2016] FCA 593