BBX16 v Minister for Immigration

BBX16 sought judicial review of a decision of the Administrative Appeals Tribunal (AAT) concerning his application for a protection visa. The Minister for Immigration was the respondent. The applicant alleged that the AAT had committed jurisdictional error by exhibiting procedural unfairness, making a finding without evidence, and failing to consider the criteria under the Refugees Convention.

The central legal issues before the court were whether the AAT had made a jurisdictional error by: (a) failing to afford the applicant procedural fairness; (b) making a finding without evidence; and (c) failing to consider the Refugees Convention criterion when determining the protection visa application.

Dowdy J found that the applicant's earlier protection visa application had already been determined under the Refugees Convention criterion. Consequently, the present application could only be assessed under the complementary protection criterion. The court held that a Google Map, in the circumstances, did not constitute "information" for the purposes of section 424A of the *Migration Act 1958* (Cth). As no jurisdictional error was established, the application for judicial review was dismissed.