CRT16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 651

Federal Court of Australia

CRT16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 651 Appeal from: CRT16 v Minister for Immigration & Anor [2020] FCCA 2132

File number: NSD 863 of 2020

Judgment of: BESANKO J

Date of judgment: 17 June 2021

Catchwords: MIGRATION — appeal from an order made by the Federal Circuit Court of Australia dismissing appellant's application for judicial review of a decision of Immigration Assessment Authority — where Authority affirmed a decision of a delegate of the Minister to refuse to grant a protection visa to appellant — where appellant is an Iranian national found to be an atheist — treatment of atheists in Iran — whether Authority erred in not considering whether appellant had modified his behaviour in past because of a fear of persecution — where a certificate under s 438GB of the Migration Act 1958 (Cth) had been issued — where it was common ground that certificate was invalid — whether invalidity of certificate itself gives rise to jurisdictional error — whether breach was material in the circumstances — appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 438, 473GB

Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; (2003) 216 CLR 473 Applicant NAFF of 2002 v Minister of Immigration and Multicultural and Indigenous Affairs [2004] HCA 62; (2004) 221 CLR 1 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176; (2017) 257 FCR 111 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZSCA [2014] HCA 45; (2014) 254 CLR 317 MZAFZ v Minister for Immigration and Border Protection [2016] FCA 1081; (2016) 243 FCR 1 VAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 117