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[2025] FCA 1402
General information, not legal advice.
Federal Court of Australia
2025-11-18
Perry J
Original judgment source is linked above.
I certify that the preceding fifty-one (51) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Perry.
FEL19
Minister for Immigration and Citizenship [2025] FCA 1402
Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456; (1993) 43 FCR 280
ETA067 v Republic of Nauru (2018) 92 ALJR 1003; [2018] HCA 46
Fang Wang v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1044
Minister for Home Affairs v Buadromo (2018) 267 FCR 320; [2018] FCAFC 151
Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431; [2013] FCAFC 114
Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99; [2013] FCA 317
Plaintiff M1/2021 v Minister for Home Affairs (2022) 275 CLR 582; [2022] HCA 17
Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173
Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 74 ALJR 405; [2000] HCA 1
WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593; [2003] FCAFC 184
In some cases, as contended by the appellant, failure to mention an issue may indicate that the Authority has failed to consider it: Minister for Immigration and Border Protection v SZSRS (2014) 309 ALR 67; [2014] FCAFC 16 (SZSRS) at [34]; AHN19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 802 at [36], cited in AS [15]. But, alternatively, an omission may merely indicate that the Authority did not consider that issue to be material to an applicant's claims: SZSRS at [34]; ETA067 at [14].
Whether the Authority can be inferred to have failed to consider submissions, claims or evidence cannot hence be solely judged by whether it expressly referred to them. It will depend upon their nature and relevance; the scope and extent of the Authority's reasons as a whole; and whether it is unnecessary to make findings on a particular matter in light of the Authority's reasoning more generally: WAEE at [47]; MZYTS at [52].
(1996) 185 CLR 259
(2015) 258 CLR 173
(2014) 309 ALR 67
(2018) 267 FCR 320
(1997) 191 CLR 559
(2022) 275 CLR 582
(1993) 43 FCR 280
(2018) 92 ALJR 1003
(2013) 230 FCR 431
(2013) 212 FCR 99
(2000) 74 ALJR 405
(2003) 236 FCR 593