BVN17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 534

Federal Court of Australia

BVN17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 534 Appeal from: BVN17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 344

File number(s): VID 771 of 2021

Judgment of: BUTTON J

Date of judgment: 25 May 2023

Catchwords: MIGRATION – visas – appeal from orders of a judge of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review – where the delegate refused to grant a Protection (Class XA) (Subclass 866) visa – whether the primary judge erred in failing to find jurisdictional error in the Tribunal's decision – whether the Tribunal considered "incorrect information" – whether the Tribunal failed to consider integers of claim or evidence – whether the Tribunal decision was affected by bias – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36 Federal Court Rules 2011 (Cth) Sch 3 item 15.2

Cases cited: BSE17 v Minister for Home Affairs [2018] FCA 1926 BVN17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 344 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021) 96 ALJR 13; [2021] HCA 41 NWWJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 176 Shop, Distributive and Allied Employees Association v National Retail Association (No 2) (2012) 205 FCR 227 WZAVW v Minister for Immigration and Border Protection [2016] FCA 760