BXF17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 289

Federal Court of Australia

BXF17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 289 Appeal from: BXF17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 573

File number(s): VID 461 of 2022

Judgment of: O'BRYAN J

Date of judgment: 3 April 2023

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit and Family Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority – whether primary judge erred in finding that the Authority did not misconstrue or misapply relevant statutory tests in ss 5H, 5J and 36 of the Migration Act 1958 (Cth) – whether primary judge erred in finding that the Authority decision was not illogical, irrational or unreasonable – reasonableness of relocation – no error shown – appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth), s 24 Migration Act 1958 (Cth), ss 5H, 5J, 36, 46A, Pt 7AA Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)

Cases cited: AHK16 v Minister for Immigration and Border Protection (2018) 161 ALD 457 CGA15 v Minister for Home Affairs (2019) 268 FCR 362 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 CRI028 v The Republic of Nauru [2018] HCA 24 CSO15 v Minister for Immigration and Border Protection (2018) 260 FCR 134 FCS17 v Minister for Home Affairs (2020) 276 FCR 644 In Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18