W & W

The Full Court of the Federal Court of Australia, constituted by Moore J, considered the dispute between W and W. The case concerned an application for leave to appeal against a decision of a single judge of the Federal Court, which had dismissed an application for an order under s 117 of the *Migration Act 1958* (Cth) to set aside a decision of the Administrative Appeals Tribunal (AAT). The AAT had affirmed the refusal of a protection visa application made by W.

The primary legal issue before the Full Court was whether the single judge erred in law by failing to consider, or by failing to give adequate consideration to, the applicant's submissions regarding the alleged errors of the AAT. Specifically, the court was required to determine if the single judge had correctly applied the principles governing the review of AAT decisions under s 117 of the *Migration Act*, particularly in relation to the applicant's arguments that the AAT had failed to properly assess the evidence and had made findings not supported by the evidence.

Moore J found that the single judge had indeed failed to adequately consider the applicant's detailed submissions concerning the AAT's alleged errors. The court held that a proper discharge of the judicial function required the judge to engage with and respond to the specific grounds of appeal raised by the applicant, even if the judge ultimately found them to be without merit. The failure to do so constituted an error of law, as it meant the applicant's case had not been properly considered.

Consequently, the Full Court granted leave to appeal and allowed the appeal. The decision of the single judge was set aside, and the matter was remitted to the Federal Court for redetermination by a different judge.