GWRV v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 602

Federal Court of Australia

GWRV v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 602 Review of: GWRV and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 2803

File number: WAD 211 of 2021

Judgment of: COLVIN J

Date of judgment: 24 May 2022

Catchwords: MIGRATION - appeal from decision of the Administrative Appeals Tribunal - where application for protection visa refused by delegate of the Minister - where Tribunal held that applicant is a 'refugee' under the Migration Act and remitted the application back to the Minister - where delegate of the Minister refused to grant a protection visa because applicant had been convicted of a serious crime - where decision affirmed by Tribunal - where Tribunal did not consider the question of complementary protection - where applicant accepted that if the Tribunal had considered complementary protection then it would have found that the criterion was not satisfied by reason of the finding that the applicant had been convicted of a serious crime - whether failure to consider the question of complementary protection is a jurisdictional error - whether materiality threshold applies to any such error - consideration of the review jurisdiction of the General Division of the Tribunal where a serious crime exclusion is relied upon by the Minister - application dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 17C, 17D Migration Act 1958 (Cth) ss 5H, 36, 65, 409, 411, 412, 417, 500, 502, Part 7, Division 4 Tribunal Amalgamation Act 2015 (Cth)