BLG19 v Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs [2024] FCA 506

FEDERAL COURT OF AUSTRALIA

BLG19 v Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs [2024] FCA 506 Appeal from: BLG19 v Minister for Immigration ((then) Federal Circuit Court of Australia, Judge Street, SYG 861 of 2019, 3 October 2019)

File number(s): NSD 1731 of 2019

Judgment of: GOODMAN J

Date of judgment: 16 May 2024

Catchwords: MIGRATION – appeal from the (then) Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the Minister to not grant a protection visa – adequacy of reasons – reasons given orally – recording not complete because of primary judge standing, pacing and moving away from the microphone during delivery – appellant and this Court denied the opportunity to understand the reasoning of the primary judge – justice not seen to be done – appeal allowed

Legislation: Federal Proceedings (Costs) Act 1981 (Cth), ss 3, 8 Migration Act 1958 (Cth), ss 36, 65, 424A, 438

Cases cited: 1614430 (Refugee) [2019] AATA 3575 Australian Competition and Consumer Commission v Mazda Australia Pty Limited [2023] FCAFC 45 BBK19 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1001 BFN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 12 BGB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 11 Lopez v Gold Titan Pty Ltd [2022] FCAFC 117 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 [2021] HCA 6; (2021) 272 CLR 329 North East Equity Pty Ltd v Proud Nominees Pty Ltd [2010] FCAFC 60; (2010) 269 ALR 262 Sun Alliance Insurance Ltd v Massoud [1989] VR 8