BUG16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 325

Federal Court of Australia

BUG16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 325 Appeal from: BUG16 v Minister for Immigration & Anor [2020] FCCA 1203

File number: VID 400 of 2020

Judgment of: ANASTASSIOU J

Date of judgment: 4 April 2022

Catchwords: MIGRATION – appeal from Federal Circuit Court –protection visa application – whether Administrative Appeals Tribunal failed to make an obvious inquiry by not arranging for the Appellant to visit, and be examined by, a Commonwealth medical officer – whether Tribunal fell into jurisdictional error by illogically or unreasonably rejecting important parts of Appellant's claims – whether Tribunal failed to take into account mandatory relevant considerations – appeal dismissed

Legislation: Migration Act 1958 (Cth), s 36, 60, 65, 415, 427

Cases cited: Abebe v Commonwealth [1999] HCA 14, 197 CLR 510 Aggarwal v Minister for Immigration and Border Protection [2015] FCA 1312 AMT15 v Minister for Immigration and Border Protection [2018] FCA 366 Applicant M190 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1362 Attorney-General (NSW) v Quin [1990] HCA 21; 170 CLR 1 CBS15 v Minister for Immigration and Border Protection [2018] FCA 1431 Chan v Minister for Immigration and Ethnic Affairs [1989] HCA 62; 169 CLR 379 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; 253 FCR 496 CRU18 v Minister for Home Affairs [2020] FCAFC 129; 277 FCR 493 DYS16 v Minister for Immigration and Border Protection [2018] FCAFC 33; 260 FCR 260 ENT19 v Minister for Home Affairs [2021] FCAFC 217 March v E & MH Stramare Pty Ltd [1991] HCA 12; 171 CLR 506 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Immigration & Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 Minister for Immigration and Citizenship v Le [2007] FCA 1318; 164 FCR 151 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 83 ALJR 1123 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Citizenship v SZNVW [2010] FCAFC 41; 183 FCR 575 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Minister for the Environment v Sharma [2022] FCAFC 35 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 NADR v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 167 Re Minister for Immigration and Multicultural Affairs; Ex parte Cohen [2001] HCA 10; 75 ALJR 542 SZNBX v Minister for Immigration and Citizenship [2009] FCA 1403 SZUWX v Minister for Immigration and Border Protection [2016] FCAFC 77