BTA18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1272

FEDERAL COURT OF AUSTRALIA

BTA18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1272 Appeal from: BTA18 and Anor v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 2626

File number(s): NSD 1143 of 2020 NSD 1142 of 2020

Judgment of: MURPHY J

Date of judgment: 25 October 2023

Catchwords: MIGRATION – two appeals from the Federal Circuit Court of Australia dismissing applications for judicial review – principles relevant to leave to raise a ground for the first time on appeal – whether the Immigration Assessment Authority engaged in irrational reasoning that amounted to legal unreasonableness – whether the primary judge erred in failing to find that the Authority misconceived its task under s 473DD of the Migration Act 1958 (Cth) – whether the primary judge erred in finding that there was only one fast track decision referred to the Authority for review and that the second appellant did not make his own protection claim – whether the Authority erred by not separately considering the two appellants' protection claims – appeals allowed.

Legislation: Migration Act 1958 (Cth) ss 5, 5AA, 5H, 35A, 36, 46A, 473BB, 473CA, 473CC, 473DD

Cases cited: AAM15 v Minister for Immigration and Border Protection [2015] FCA 804; 231 FCR 452 Ali v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 140 ALJ18 v Minister for Home Affairs [2020] FCA 491 Applicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 221 CLR 1 ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174; 250 FCR 109 ARK16 v Minister for Immigration and Border Protection [2018] FCA 825 ASB17 v Minister for Home Affairs [2019] FCAFC 38; 268 FCR 271 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37 AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133; 361 ALR 227 AWU16 v Minister for Immigration and Border Protection [2020] FCA 513 AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89; 261 FCR 503 Basra v Minister for Immigration and Border Protection [2018] FCA 422 BFH16 v Minister for Immigration and Border Protection [2020] FCAFC 54 BJK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 171; 272 FCR 15 BOS17 v Minister for Immigration and Border Protection [2020] FCA 75; 170 ALD 1 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; 263 FCR 292 CAQ17 v Minister for Immigration and Border Protection [2019] FCAFC 203 CFC16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1003 CGA15 v Minister for Home Affairs [2019] FCAFC 46; 268 FCR 362 Chan v Minister for Immigration and Border Protection [2018] FCA 1323 CHFI6 v Minister for Immigration and Border Protection [2017] FCAFC 192; (2017) 257 FCR 148 Coulton v Holcombe (1986) 162 CLR 1 CPE15 v Minister for Immigration and Border Protection [2017] FCA 591 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; 253 FCR 496 CSR16 v Minister for Immigration and Border Protection [2018] FCA 474 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; 258 FCR 175 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3; 289 FCR 21 DYS16 v Minister for Immigration and Border Protection [2018] FCAFC 33; 260 FCR 260 EVI19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 518 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Iyer v Minister for Immigration and Multicultural and Indigenous Affairs [2000] FCA 1788 Melbourne Stadiums Ltd v Sautner [2015] FCAFC 20; 317 ALR 665 Minister for Immigration and Border Protection v CLV16 [2018] FCAFC 80; 260 FCR 482 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 [2020] FCAFC 159; 29 FCR 150 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; 250 FCR 510 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134 Nathanson v Minister for Home Affairs [2022] HCA 26 O'Brien v Komesaroff [1982] HCA 33; 150 CLR 310 Okoh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 53 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 264 CLR 217 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 SZEPN v Minister for Immigration and Multicultural Affairs [2006] FCA 886 SZKCQ v Minister for Immigration and Citizenship [2009] FCA 578 SZTFQ v Minister for Immigration and Border Protection [2017] FCA 562 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125; 285 FCR 187 VAAD v Minister for Immigration & Multicultural Affairs [2005] FCAFC 117 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 W375/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 89; 67 ALD 757 Water Board v Moustakas [1988] HCA 12; 180 CLR 491