CCU15 v Minister for Immigration

The applicant, CCU15, sought judicial review of a decision by the Minister for Immigration to refuse a Protection (class XA) visa. The primary ground of review raised by the applicant was unparticularised. The Federal Circuit Court of Australia heard the matter.

The court was required to determine whether the applicant had been denied procedural fairness by the Migration Review Tribunal. Additionally, the court considered whether the Tribunal had adequately considered the meaning of the phrase "intentionally inflicted" as it appeared in the Migration Act 1958 (Cth).

His Honour Judge Wilson found no want of procedural fairness. The court noted that the applicant had obtained legal representation, and the failure to file an amended application as ordered by consent was attributed to the applicant's lawyer, who subsequently withdrew. The Minister's contention regarding the Tribunal's consideration of "intentionally inflicted" was found to be without merit, as the Tribunal's treatment of the phrase was consistent with the High Court's decision in *SZTAL v Minister for Immigration and Border Protection* [2017] HCA 34.

The application for judicial review was dismissed.