Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v CLV16 [2018] FCAFC 80 Appeal from: CLV16 v Minister for Immigration and Border Protection [2017] FCCA 1200, (2017) 324 FLR 142
File numbers: NSD 1021 of 2017 NSD 1465 of 2017
Judges: FLICK, GRIFFITHS AND PERRY JJ
Date of judgment: 25 May 2018
Catchwords: MIGRATION – protection visas – fast track reviewable decisions – where Immigration Assessment Authority made initial decision to affirm the decision of a delegate not to grant a protection visa – where Authority had not considered a submission that had been made when making the initial decision – where submissions contained both "submissions" and "new information" – where Authority decided to re-open the first decision and consider the submission – where Authority made second decision again affirming the decision of the delegate not to grant a protection visa – whether the Authority had power to consider the later submissions – whether the authority had power to re-open the initial decision – whether the authority had power to vary or revoke the initial decision – whether second decision infected by jurisdictional error
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Migration Act 1958 (Cth) Pt 7AA, ss 66, 306AE, 309, 311D, 311J, 430, 473BA, 473CA, 473CC, 473DA, 473DC, 473DD, 473DE, 473EA, 473FB Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)
Cases cited: ABC17 v Minister for Immigration and Border Protection [2018] FCA 254 Allesch v Maunz [2000] HCA 40, (2000) 203 CLR 172 BCQ16 v Minister for Immigration and Border Protection [2018] FCA 365 BM Alliance Coal Operations Pty Ltd v BGC Contracting Pty Ltd [2013] QCA 394, [2015] 1 Qd R 228 BMB16 v Minister for Immigration and Border Protection [2017] FCAFC 169 BMF16 v Minister for Immigration and Border Protection [2016] FCA 1530 CHF16 v Minister for Immigration and Border Protection [2017] FCAFC 192 CLV16 v Minister for Immigration and Border Protection [2017] FCCA 1200, (2017) 324 FLR 142 CSR16 v Minister for Immigration and Border Protection [2018] FCA 474 Jadwan Pty Ltd v Secretary, Department of Health and Aged Care [2003] FCAFC 288, (2003) 145 FCR 1 Ma v Minister for Immigration and Citizenship [2007] FCAFC 69 Minister for Immigration and Border Protection v AMA16 [2017] FCAFC 136 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210 Minister for Immigration and Citizenship v Maman [2012] FCAFC 13 Minister for Immigration and Citizenship v SZQOY [2012] FCAFC 131, (2012) 206 FCR 25 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11, (2002) 209 CLR 597 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30, (2001) 206 CLR 323 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32, (2004) 78 ALJR 992 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate