BKB20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1584

Federal Court of Australia

BKB20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1584 Appeal from: BKB20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 292

File number: NSD 1341 of 2021

Judgment of: THOMAS J

Date of judgment: 13 December 2023

Catchwords: MIGRATION – appeal from judgment of the Federal Circuit and Family Court of Australia (Division 2) (FCFCOA) – where FCFCOA dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed decision of delegate of Minister to refuse to grant the appellants protection visas – where first appellant had made requests for adjournment of Tribunal hearing – whether Tribunal gave active intellectual consideration to the requests – whether the refusal to grant an adjournment was legally unreasonable – no error made out – appeal dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Migration Act 1958 (Cth)

Cases cited: Abebe v The Commonwealth of Australia (1999) 197 CLR 510; [1999] HCA 14 Attorney-General for the State of New South Wales v Quin (1990) 170 CLR 1 BKB20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 292 CZBH v Minister for Immigration and Border Protection [2014] FCA 1023 EPH17 v Minister for Immigration and Border Protection (2019) 166 ALD 47; [2019] FCA 824 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437; [2014] FCAFC 1 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541; [2018] HCA 30 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 SZMCD v Minister for Immigration and Citizenship (2009) 174 FCR 415; [2009] FCAFC 46 SZVAP v Minister for Immigration and Border Protection (2015) 233 FCR 451; [2015] FCA 1089