CKR16 v Minister for Immigration

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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:

AGA16 v Minister for Immigration and Border Protection [2018] FCA 628
AKG16 v Minister for Immigration and Border Protection [2016] FCA 1576
Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593; [2003] FCAFC 184
Attorney-General for the Northern Territory v Minister for Aboriginal Affairs (1989) 213 FCR 536; [1989] FCA 159
BDJ15 v Minister for Immigration and Border Protection (2017) 158 ALD 39; [2017] FCA 1281
CMO17 v Minister for Immigration and Border Protection [2018] FCAFC 227
CMO17 v Minister for Immigration & Anor [2018] FCCA 1888
Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 115 ALR 1; [1993] FCA 322
CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496; [2016] FCAFC 146
Craig v South Australia (1994) 184 CLR 163; [1994] HCA 58
CSO15 v Minister for Immigration and Border Protection (2018) 266 FLR 134; [2018] FCAFC 14
DDK16 v Minister for Immigration & Anor [2017] FCCA 353

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

Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136; [2001] FCA 1802
Minister for Immigration and Border Protection v CZBP [2014] FCAFC 105
Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1; [2016] FCAFC 11
Minister for Immigration and Border Protection v SZSCA (2014) 254 CLR 317; [2014] HCA 45
Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18
Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16
Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99; [2013] FCA 317
Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6
Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30
MZYPWv Minister for Immigration and Citizenship [2012] FCAFC 99
MZYXR v Minister for Immigration and Citizenship (2013) 141 ALD 276; [2013] FCA 252
NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No.2) (2004) 144 FCR 1; [2004] FCAFC 263
Re Minister for Immigration and Multicultural Affairs ex parte Durairajasingham (2000) 168 ALR 407; [2000] HCA 1
Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287; [1999] FCA 247
Surinakova v Minister for Immigration, Local Government and Ethnic Affairs (1991) 33 FCR 87; [1991] FCA 596
SZATV v Minister for Immigration and…

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Details
Case
[2020] FCCA 390
Decision Date

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

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