FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 775

Federal Court of Australia

FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 775 Appeal from: FHHM and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 760

File number: WAD 102 of 2021

Judgment of: WIGNEY J

Date of judgment: 20 July 2021

Catchwords: MIGRATION – application for judicial review of decision by Administrative Appeals Tribunal – whether a single sentence of the Tribunal's reasons concerning the balancing of relevant considerations amounted to or revealed jurisdictional error – whether the Tribunal correctly applied Direction no. 79 – whether error material and proper application of paragraph 8 of Direction no. 79 could have realistically resulted in a different decision – sentence was of marginal significance to the Tribunal's reasons for its decision as a whole – application dismissed

Legislation: Migration Act 1958 (Cth), ss 476A, 501(3A), 501(6), 501(6)(a), 501(7), 501(7)(c), 501CA, 501CA(1)-(4)

Cases cited: Bochenski v Minister for Immigration and Border Protection (2017) 250 FCR 209; [2017] FCAFC 68 Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 276 FCR 75; [2020] FCAFC 66 Hossain v Minister for Immigration and Border Protection (2019) 264 CLR 123; [2018] HCA 34 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594 Uelese v Minister for Immigration and Border Protection (2015) 256 CLR 203; [2015] HCA 15 XJLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 619