BGB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 11

Federal Court of Australia

BGB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 11 Appeal from: BGB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Federal Circuit Court of Australia, Judge Street, SYG716/2019, 26 ‍September 2019)

File number: NSD 1647 of 2019

Judgment of: MARKOVIC J

Date of judgment: 18 January 2022

Catchwords: MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (then the Federal Circuit Court of Australia) dismissing application for review of decision of the Administrative Appeals Tribunal – where primary judge delivered oral reasons but did not produce formalised written reasons – whether primary judge failed to validly exercise judicial power by failing to produce formalised written reasons – where oral reasons transcribed onto draft judgment template – where transcription contains several ellipses – where quality issues with transcription do not render it unreliable – appeal dismissed

Legislation: Federal Circuit Court of Australia Act 1999 (Cth) Federal Circuit Court Rules 2001 (Cth)

Cases cited: BFN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 12 CQX18 v Minister for Home Affairs [2019] FCA 386 CQX18 v Minister for Home Affairs [2019] FCAFC 142; (2019) 372 ALR 137 Minister for Immigration and Citizenship, Migrant Services and Multicultural Affairs v AAM17 [2021] HCA 6 Singh v Minister for Immigration and Border Protection [2017] FCAFC 195 SZRUR v Minister for Immigration and Border Protection (2013) 216 FCR 445 Thorne v Kennedy (2017) 263 CLR 85 Wainohu v New South Wales (2011) 243 CLR 181