BQHJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 372

Federal Court of Australia

BQHJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 372 Review of: BQHJ and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 3734

File number: QUD 331 of 2020

Judgment of: LOGAN J

Date of judgment: 16 April 2021

Catchwords: MIGRATION – judicial review of a decision of the Administrative Appeals Tribunal (the Tribunal) – where Minister's delegate refused to exercise the discretion to revoke cancellation of the applicant's visa – whether the Tribunal failed to consider and/or made legally unreasonable findings as to evidence of psychologists – where Tribunal preferred evidence of another psychologist – whether the Tribunal failed to consider evidence relevant to non-refoulement obligations – whether evidence was a relevant consideration – where Tribunal addressed the claim as made – application dismissed

Legislation: Constitution s 75(v) Administrative Appeals Tribunal Act 1975 (Cth) ss 33, 43 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Evidence Act 1995 (Cth) ss 56, 144 Migration Act 1958 (Cth) s 476A, 499, 501, 501CA

Cases cited: Attorney-General (Northern Territory) v Minister for Aboriginal Affairs (1989) 23 FCR 536 Attorney-General (NSW) v Quin (1990) 170 CLR 1 Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 BZD17 v Minister for Immigration and Border Protection (2018) 263 FCR 292 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Municipality of Bankstown v Fripp (1919) 26 CLR 385 R v War Pensions Entitlement Appeal Tribunal; ex parte Bott (1933) 50 CLR 228 SZLGP v Minister for Immigration and Citizenship (2009) 181 FCR 113 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593