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CEW18 v Minister for Immigration

CEW18 v Minister for Immigration

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Case Copied 19 March 2020 47 min read

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FEDERAL CIRCUIT COURT OF AUSTRALIA

CEW18 v MINISTER FOR IMMIGRATION

[2020] FCCA 10

Catchwords:
MIGRATION – Review of decision of a delegate of the Minister that the applicant is an excluded fast track applicant – applicant found to have provided a bogus identity document – whether the finding was a jurisdictional fact considered - whether the delegate made irrational or illogical findings considered – no jurisdictional error established.

Legislation:

Migration Act 1958 (Cth), ss.5, 57, 91WA, 101, 108

Cases cited:

Applicant:

CEW18

Respondent:

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

File Number:

SYG 786 of 2018

Judgment of:

Judge Driver

Hearing date:

9 December 2019

Date of last submission:

19 December 2019

Delivered at:

Sydney

Delivered on:

19 March 2020

REPRESENTATION

Counsel for the Applicant:

Mr N Poynder

Solicitors for the Applicant:

Ryburn Solicitors

Counsel for the Respondent:

Ms R Graycar

Solicitors for the Respondent:

HWL Ebsworth

ORDERS

The application as…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2020] FCCA 10
Decision Date: 19 March 2020

CaseChat Overview and Summary

CEW18 (the applicant) sought judicial review of a decision by a delegate of the Minister for Immigration (the respondent) to refuse to grant a protection visa. The delegate had determined that the applicant was an "excluded fast track applicant" on the basis that the applicant had provided a bogus identity document. The applicant contended that this finding was affected by jurisdictional error.

The primary legal issue before the Court was whether the delegate's finding that the applicant had provided a bogus identity document constituted a jurisdictional error. This required the Court to consider whether this finding was a jurisdictional fact, and if so, whether the delegate's reasoning in reaching that finding was irrational or illogical.

Judge Driver found that the delegate's finding that the applicant had provided a bogus identity document was not a jurisdictional fact. The Court held that the delegate's reasoning, while perhaps open to criticism, was not so irrational or illogical as to vitiate the decision. Accordingly, no jurisdictional error was established.

Orders