BDT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 82

Federal Court of Australia

BDT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 82 Appeal from: BDT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1747

File number: VID 495 of 2021

Judgment of: SNADEN J

Date of judgment: 13 February 2023

Catchwords: MIGRATION – appeal from judgment of the (then) Federal Circuit Court of Australia – application for judicial review of a decision of the Administrative Appeals Tribunal ("Tribunal") – where Tribunal affirmed decision of delegate of the Minister to refuse to grant protection visa – where appellant converted to Christianity in immigration detention – genuineness of conversion attested to by religious officials – Tribunal not satisfied that conversion was genuine – whether Tribunal committed jurisdictional error by failing to consider what officials had attested to – whether primary judge erred in failing to find that the Tribunal failed to consider what was advanced before it – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36, 65

Cases cited: Ali v Minister for Home Affairs (2020) 278 FCR 627 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs 536 FCR 593 BDT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1747 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Plaintiff M1/2021 v Minister for Home Affairs (2002) 400 ALR 417