BBV17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1227

Federal Court of Australia

BBV17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1227 Appeal from: BBV17 v Minister for Immigration & Anor [2020] FCCA 674

File number(s): NSD 351 of 2020

Judgment of: RAPER J

Date of judgment: 18 October 2022

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeal Tribunal to affirm the decision of a delegate of the Minister to refuse to grant the applicant a protection visa – whether the Tribunal failed to disaggregate application of paragraphs 36(2)(a) and 36(2)(aa) of the Migration Act 1958 (Cth) – whether the Tribunal denied the appellant procedural fairness – held: appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) ss 24(1)(d), 27 Migration Act 1958 (Cth) ss 36, 36(2)(a), 36(2)(aa), 36(2A), 65, 91R(1)(b), 91R(1)(c), 424AA, 424A, 425(1) Federal Court Rules 2011 (Cth) r 36.57 Migration Regulations 1994 (Cth) cl 866.221

Cases cited: BBV17 v Minister for Immigration & Anor [2020] FCCA 674 BVZ21 v Commonwealth of Australia [2022] FCAFC 122 DKV16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 716 DQU16 v Minister for Home Affairs [2021] HCA 10; 388 ALR 363 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 SZSHK v Minister for Immigration and Border Protection [2013] FCAFC 125; 138 ALD 26 SZUYK v Minister for Immigration and Border Protection [2016] FCA 216; 151 ALD 360 SZUYK v Minister for Immigration and Border Protection [2016] HCASL 172