BJI17 v Minister for Home Affairs

[2020] FCAFC 58

FEDERAL COURT OF AUSTRALIA

BJI17 v Minister for Home Affairs [2020] FCAFC 58

Appeal from:

Application for leave to appeal:  BJI17 v Minister for Immigration & Anor [2018] FCCA 2405

File numbers:

WAD 436 of 2018

Judges:

GREENWOOD, MCKERRACHER AND BURLEY JJ

Date of judgment:

3 April 2020

Catchwords:

MIGRATION – consideration of whether the Immigration Assessment Authority (the “IAA”) in reaching its decision in the exercise of its statutory review function relied upon reports and information which were contradicted by, and inconsistent with, other cited reports on material issues relating to safety in the receiving country and in a place of relocation within the receiving country – consideration of the process of reasoning of the IAA – consideration of whether the IAA acted upon “unreliable information” – consideration of whether the IAA reached a decision affected by legal unreasonableness – consideration, in that context, of CRI026 v Republic of Nauru (2018) 355 ALR 216

Legislation:

Migration Act 1958 (Cth), ss 5J, 5H, 36(2)(a), 36(2)(aa), 36(2A), 36(2B)

Cases cited:

Belhaven and Stenton Peerage (1875) 1 App. Cas 278

CRI026 v Republic of Nauru (2018) 355 ALR 216

Minister for Immigration and Citizenship v Li (2013) 249 CLR 332

Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437

Minister for Immigration and Border Protection v SZVFW (2018) 357 ALR 408

Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 78 ALJR 992

NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10

Date of hearing:

27 February 2019

Date of last submissions:

27 February 2019

Registry:

Western Australia

Division:

General Division

National Practice Area:

Administrative and Constitutional Law and Human Rights

Category:

Catchwords

Number of paragraphs:

214

Counsel for the Appellant:

G McIntyre SC

Solicitor for the Appellant:

D’Angelo Legal

Counsel for the Respondents:

P R Macliver

Solicitor for the Respondents:

Australian Government Solicitor

ORDERS

WAD 436 of 2018

BETWEEN:

BJI17

Appellant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

JUDGES:	GREENWOOD, MCKERRACHER AND BURLEY JJ
DATE OF ORDER:	3 APRIL 2020

THE COURT ORDERS THAT:

1.The appeal is dismissed. 

2.The appellant pay the costs of the first respondent of and incidental to the appeal. 

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

GREENWOOD J:

Framework considerations

1. These proceedings are concerned with four appeals, heard together, from orders and judgments of the Federal Circuit Court of Australia dismissing separate applications by BJI17, CNV17, CVQ17 and BYG17 for relief in the form of the grant of the constitutional writs to quash decisions of the Immigration Assessment Authority (the “IAA”) affirming, in each case, a decision of the Minister’s delegate not to grant the relevant applicant a protection visa in the form of a Safe Haven Enterprise visa (a “Safe Haven visa”), and to remit each matter to the IAA to be determined according to law. 

2. In each appeal, the appellant relies upon the same single ground…