CWP16 v Minister for Immigration and Border Protection [2018] FCAFC 28

FEDERAL COURT OF AUSTRALIA

CWP16 v Minister for Immigration and Border Protection [2018] FCAFC 28 Appeal from: CWP16 v Minister for Immigration & Anor [2017] FCCA 1213

File number: NSD 1027 of 2017

Judges: ROBERTSON, KERR AND WHITE JJ

Date of judgment: 23 February 2018

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia dismissing an application for judicial review of decision of the Immigration Assessment Authority – whether the Authority was in error in stating that the "information" that the appellant "has a past record of transporting goods for the LTTE" was "new information" – whether the delegate made a finding that the appellant had a past record of transporting goods for the LTTE – whether the Authority failed to complete its review in that respect – whether the Authority erred in failing to refer to a particular document, evidencing that the appellant and his family had been required to register their details with the authorities and therefore that the appellant was being monitored in 2009 and had come to the attention of the Sri Lankan army's 512 Brigade prior to 2012

Legislation: Migration Act 1958 (Cth) ss 473DC, 473DD

Cases cited: BMB16 v Minister for Immigration and Border Protection [2017] FCAFC 869

Date of hearing: 23 February 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 59

Counsel for the Appellant: Mr R Chia

Solicitor for the Appellant: Siva Logan Solicitors