CSU16 v Minister for Immigration and Border Protection [2022] FCA 1509

Federal Court of Australia

CSU16 v Minister for Immigration and Border Protection [2022] FCA 1509 Appeal from: CSU16 v Minister for Immigration & Anor [2021] FCCA 73

File number: VID 125 of 2021

Judgment of: BROMBERG J

Date of judgment: 15 December 2022

Catchwords: MIGRATION – appeal from the Federal Circuit and Family Court of Australia – whether FCFCOA erred by failing to identify jurisdictional error by the Administrative Appeals Tribunal – whether AAT failed to consider evidence – whether evidence not considered which led to erroneous credit finding of sufficient importance to constitute jurisdictional error – discussion as to effect of erroneous credit findings and capacity to contaminate other findings – whether AAT's decision unreasonable or illogical – jurisdictional error established – appeal allowed in part

Legislation: Migration Act 1958 (Cth), s 46A

Cases cited: BAU18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1169 DTN16 v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2019] FCA 1525 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; 309 ALR 67 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Nathanson v Minister for Home Affairs [2022] HCA 26; (2022) 403 ALR 398 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; (2003) 198 ALR 59 SZTFQ v Minister for Immigration and Border Protection [2017] FCA 562