BHY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1146

Federal Court of Australia

BHY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1146 Appeal from: BHY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 341

File number: VID 5 of 2022

Judgment of: MCEVOY J

Date of judgment: 26 September 2022

Catchwords: MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the Minister not to grant protection visas – denial of procedural fairness by Tribunal – failure to put applicants on notice of conclusion that reports to police were fraudulent – breach of s 425 of the Migration Act 1958 (Cth) error of law – appeal allowed – decision of the Tribunal quashed – remitted to Tribunal for determination according to law.

Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 65, 422B(1), 425

Cases cited: BHY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 341 Boensch v Pascoe (2019) 268 CLR 593; [2019] HCA 49 DCP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 290 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs v Viane (2021) 395 ALR 403; [2021] HCA 41 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 1190; [2007] HCA 26