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CKR16 v Minister for Immigration

CKR16 v Minister for Immigration

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Case Copied 26 February 2020 80 min read

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FEDERAL CIRCUIT COURT OF AUSTRALIA

CKR16 v MINISTER FOR IMMIGRATION & ANOR

[2020] FCCA 390

Catchwords:
MIGRATION – Application to review decision of Administrative Appeals Tribunal – whether the Tribunal failed to consider one of nine integers of the Applicant’s claims or failed to consider relocation factors or the decision was legally unreasonable or otherwise involved jurisdictional error – admissibility of evidence not before the decision maker on application for judicial review.

Legislation:

Migration Act 1958 (Cth), s.36

Cases cited:

Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123; [2018] HCA 34

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 390
Decision Date: 26 February 2020

CaseChat Overview and Summary

CKR16 sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT) concerning their migration status. The core of the dispute revolved around whether the AAT had adequately considered all aspects of CKR16's claims, including specific relocation factors, and whether the Tribunal's decision was legally unreasonable or otherwise constituted a jurisdictional error. The matter came before Judge Barnes in the Federal Circuit and Family Court of Australia.

The primary legal issues before the Court were whether the AAT had failed to consider one of the nine integers of CKR16's claims, whether it had failed to consider relevant relocation factors, and whether the AAT's decision was legally unreasonable or involved a jurisdictional error. Additionally, the Court was required to determine the admissibility of evidence that had not been before the original decision-maker when considering the application for judicial review.

Judge Barnes reasoned that the AAT had indeed failed to consider one of the nine integers of CKR16's claims, which constituted a failure to undertake the necessary assessment required by the Migration Act 1958 (Cth). The Court found that this failure amounted to a jurisdictional error. Furthermore, the Court determined that the evidence sought to be adduced on judicial review was not admissible, as it was not evidence that was before the AAT. The Court concluded that the AAT's decision was affected by jurisdictional error due to the failure to consider all relevant integers of the applicant's claims.

The Court ordered that the decision of the Administrative Appeals Tribunal be set aside.

Orders