CDD15 v Minister for Immigration and Border Protection

CDD15 brought an appeal against the Minister for Immigration and Border Protection in the Federal Court of Australia. The appellant, a citizen of Sri Lanka, sought a review of the decision made by the delegate on 23 July 2014, which resulted in the refusal of his application for a protection visa. The appellant argued that the decision-maker failed to properly consider certain evidence and principles, including the tendency evidence, the relocation principle, and the requirement to modify behaviour. The appellant also raised concerns about apprehended or actual bias and constructive failure to exercise jurisdiction.

The legal issues before the court were whether the Federal Circuit Court erred in dismissing the appeal from the Administrative Appeals Tribunal (AAT). Specifically, the court needed to determine if the decision-maker properly considered the tendency evidence, the relocation principle, and the requirement for the appellant to modify behaviour. The court also needed to decide if there was apprehended or actual bias and whether there was a constructive failure to exercise jurisdiction.

The court found that the Federal Circuit Court erred in dismissing the appeal. The court held that the decision-maker failed to properly consider the tendency evidence and the relocation principle. Additionally, the court found that the requirement for the appellant to modify behaviour was not adequately considered. The court also determined that there was no apprehended or actual bias. However, the court found that there was a constructive failure to exercise jurisdiction by the AAT, as it did not properly consider the appellant's application for a review.

The court allowed the appeal, set aside the orders made by the Federal Circuit Court, and directed the AAT to determine the appellant's application for a review of the decision made by the delegate. The court also ordered the Minister to pay the appellant's costs of the appeal.