CPJ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 202

Federal Court of Australia

CPJ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 202 Appeal from: CPJ19 v Minister for Immigration & Anor [2020] FCCA 3015

File number: NTD 24 of 2020

Judgment of: CHARLESWORTH J

Date of judgment: 11 March 2022

Catchwords: MIGRATION – appeal from orders dismissing an application for judicial review – Administrative Appeals Tribunal conducting review of a migration decision under Pt 7 of the Migration Act 1958 (Cth) – visa applicant claiming to fear harm arising from an interfaith relationship if returned to Pakistan – whether Tribunal obliged in the circumstances of the case to obtain oral evidence from the visa applicant's partner – whether Tribunal rejected the partner's written evidence and so made an adverse credit finding about her – whether Tribunal's failure to obtain oral evidence from the partner amounted to a failure to observe the rules of natural justice – whether the Tribunal's assessment as to whether the visa applicant and his partner would marry in the reasonably foreseeable future affected by legal unreasonableness – whether primary judge erred in failing to find the Tribunal's decision affected by jurisdictional error – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36, 65, 361, 412, 414, 422B, 424, 426, 474

Cases cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 CPE15 v Minister for Immigration and Border Protection [2017] FCA 591 CPJ19 v Minister for Immigration & Anor [2020] FCCA 3015 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3 Gherga v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 351 GLD18 v Minister for Home Affairs [2020] FCAFC 2 Minister for Immigration & Multicultural & Indigenous Affairs v Maltsin (2005) 88 ALD 304 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516; 69 AAR 210 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326 Minister for Immigration and Citizenship v SZIAI (2009) 111 ALD 15 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZQOT (2012) 206 FCR 145 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 207 ALR 12 Muggeridge v Minister for Immigration and Border Protection (2017) 255 FCR 81 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82