BBY21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 68

Federal Court of Australia

BBY21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 68 Appeal from: BBY21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1768

File number: NSD 832 of 2021

Judgment of: BROMWICH J

Date of judgment: 4 February 2022

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia (now Division 2 of the Federal Circuit and Family Court of Australia) – whether primary judge erred in assessing grounds of review from a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the first respondent to refuse the appellant a Protection (subclass 866) visa – where appellant previously convicted of drug trafficking in Australia – whether Tribunal erred in not being satisfied that there was an outstanding warrant for the appellant's arrest in Singapore, and whether primary judge erred in finding that it was open for the Tribunal to reach the conclusion that it did – held: it was open for the Tribunal to reach the conclusion it did and therefore the primary judge did not err – whether the Tribunal erred by not making an inquiry of the New South Wales Serious Offenders Review Council about any warrant, and subsequently the primary judge in not finding jurisdictional error in failing to make such an inquiry – held: the Tribunal was not required to make such an inquiry – whether Tribunal committed a jurisdictional error in misunderstanding the significance of the evidence of two witnesses, and the primary judge subsequently erred by not finding any jurisdictional error – held: the Tribunal did not fail to understand the evidence – appeal dismissed