AFP20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 375

Federal Court of Australia

AFP20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 375 Appeal from: AFP20 v Minister for Immigration Migrant Services and Multicultural Affairs [2020] FCCA 3207

File number: NSD 1341 of 2020

Judgment of: THAWLEY J

Date of judgment: 12 April 2022

Catchwords: MIGRATION – appeal from Federal Circuit Court orders dismissing application for judicial review of Administrative Appeals Tribunal decision – Tribunal affirmed decision of a delegate of the first respondent to refuse the appellant's Protection Visa application – where there was an error in interpretation (being an omission) of the appellant's evidence before the Tribunal – whether primary judge erred in not finding that the error in interpretation was material to the Tribunal's exercise of power giving rise to jurisdictional error – whether the appellant was denied the hearing required under s 425 of the Migration Act 1958 (Cth) – primary judge should have found jurisdictional error established – appeal allowed with costs

Legislation: Migration Act 1958 (Cth) Div 4 of Pt 7, s 425

Cases cited: AXR16 v Minister for Immigration and Border Protection [2019] FCA 42; 163 ALD 296 DTN16 v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2019] FCA 1525 Perera v Minister for Immigration and Multicultural Affairs [1999] FCA 507; 92 FCR 6 SZFDE v Minister for Immigration and Citizenship [2007] HCA 35; 232 CLR 189 SZRMQ v Minister for Immigration and Border Protection [2013] FCAFC 142; 219 FCR 212 SZSEI v Minister for Immigration and Border Protection [2014] FCA 465 SZTFQ v Minister for Immigration and Border Protection [2017] FCA 562