BNB17 v Minister for Immigration and Border Protection

• Jurisdiction: Australia Federal only
• Judgment Date: 12 March 2020
• Neutral Citation: [2020] FCA 304
• Date: 12 March 2020
• Court: Federal Court

FEDERAL COURT OF AUSTRALIA

BNB17 v Minister for Immigration and Border Protection [2020] FCA 304

Appeal from:	BNB17 v Minister for Immigration & Anor [2019] FCCA 1314
File number(s):	VID 626 of 2019
Judge(s):	ANDERSON J
Date of judgment:	12 March 2020
Catchwords:	MIGRATION – appeal from decision of the Federal Circuit Court of Australia (Circuit Court) dismissing application for judicial review of decision of Immigration Assessment Authority (Authority) not to grant Safe Haven Enterprise visa – where appellant was assisted by interpreter at interview with delegate of the Minister – where alleged mistranslations at interview were raised with delegate – where delegate’s decision to refuse visa was referred to Authority – where appellant requested that Authority grant further interview because of alleged mistranslations – where Authority rejected appellant’s request – whether Authority’s decision to not invite a further interview was legally unreasonable – whether mistranslations meant that Secretary failed to provide Authority with review material – whether Authority failed to perform its statutory task because it failed to refer to evidence from appellant about bodily scarring ; Held: appeal dismissed – decision of Authority to not invite appellant to further interview was not legally unreasonable – Secretary did not fail to provide Authority with review material – Authority did not fail to perform its statutory task by not expressly referring to appellant’s evidence regarding bodily scarring
Legislation:	Migration Act 1958 (Cth) Pts 7, 7AA, ss 5, 65, 473BB, 473CA, 473CB(1), 473CB(1)(b), 473CB(1)(c), 473CC, 473DB(1), 473DC, 473DC(2), 473DD, 473DE, 473DF, 473FA, 473FC(1) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)
Cases cited:	AUF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 222 BBI18 & Anor v Minister for Home Affairs & Anor [2020] FCA 84 BEH15 v Minister for Immigration and Border Protection [2019] FCAFC 184 BJK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 171 BMB16 v Minister for Immigration and Border Protection [2017] FCAFC 169; 253 FCR 448 BNB17 v Minister for Immigration & Anor [2019] FCCA 1314 BUD17 v Minister for Home Affairs [2018] FCAFC 140; 264 FCR 134 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; 93 ALJR 1091; 373 ALR 196 CCR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 9 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; 94 ALJR 140 DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91 DFK16 v Minister for Immigration and Border Protection [2019] FCA 789; 166 ALD 41 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; 258 FCR 551 DPI17 v Minister for Home Affairs [2019] FCAFC 43; 366 ALR 665 DVO16 v Minister for Immigration & Border Protection [2019] FCAFC 157 EBY17 v Minister for Immigration and Border Protection [2019] FCA 222 EMJ17 v Minister for Immigration and Border Protection [2018] FCA 1462 ETA067 v The Republic of Nauru [2018] HCA 46; 92 ALJR 1003; 360 ALR 228 EVS17 v Minister for Immigration and Border Protection [2019] FCAFC 20; 163 ALD 422 EVS17 v Minister for Immigration and Border Protection [2019] FCAFC 20; 163 ALD 422 FRW17 v Minister for Immigration & Anor [2019] FCCA 3701 Khalil v Minister for Home Affairs [2019] FCAFC 151; 372 ALR 424; 166 ALD 1 Maan v Minister for Immigration and Citizenship [2009] FCAFC 150; 179 FCR 581 Minister for Home Affairs v Buadromo [2018] FCAFC 151; 237 FCR 316 Minister for Home Affairs v DUA16 [2019] FCAFC 221 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; 253 FCR 475 Minister for Immigration and Border Protection v DZU16 [2018] FCAFC 32; 253 FCR 526 Minister for Immigration and Border Protection v Haq [2019] FCAFC 7; 365 ALR 202 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; 309 ALR 67 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Perera v Minister for Immigration and Multicultural Affairs [1999] FCA 507; 92 FCR 6 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 264 CLR 217 R v Kelly [2000] 1 QB 198 SZRMQ v Minister for Immigration and Border Protection [2013] FCAFC 142; 219 FCR 212 SZSEI v Minister for Immigration and Border Protection [2014] FCA 465 SZTFQ v Minister For Immigration and Border Protection [2017] FCA 562 TTY167 v Republic of Nauru [2018] HCA 61; 362 ALR 246 WACO v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 171; 131 FCR 511
Date of hearing:	13 December 2019
Registry:	Victoria
Division:	General Division
National Practice Area:	Administrative and Constitutional Law and Human Rights
Category:	Catchwords
Number of paragraphs:	112
Counsel for the Appellant:	Ms G A Costello SC
Solicitor for the Appellant:	Lander & Rogers
Counsel for the First Respondent:	Mr N Wood
Solicitor for the First Respondent:	DLA Piper Australia (from 28 June 2019 to 11 February 2020) Mills Oakley (from 12 February 2020)

ORDERS

		VID 626 of 2019
BETWEEN:	BNB17 Appellant
AND:	MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent ; IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

JUDGE:	ANDERSON J
DATE OF ORDER:	12 March 2020

THE COURT ORDERS THAT:

1. The appeal is dismissed.

2. The appellant pay the first respondent’s costs of and incidental to the appeal.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

TABLE OF CONTENTS

Introduction	[1]
Background	[7]
Authority’s decision	[14]
Federal Circuit Court’s decision	[20]
Appeal to this Court	[25]
Relevant legislation	[28]
Grounds 1 and 2 – Request for further interview

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