Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BMV16 v Minister for Home Affairs [2018] FCAFC 90 Appeal from: BMV16 v Minister for Immigration & Anor [2017] FCCA 3045
File number: VID 1414 of 2017
Judges: MORTIMER, MOSHINSKY AND THAWLEY JJ
Date of judgment: 21 June 2018
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – where Federal Circuit Court dismissed an application for judicial review of a decision of the Immigration Assessment Authority to affirm a fast track reviewable decision of the Minister – where Authority made an oral invitation to the appellant to comment on new information at an interview – where invitation required appellant to provide comments immediately – whether the invitation to comment on new information complied with s 473DF(2) of the Migration Act 1958 (Cth) and r 4.42 of the Migration Regulations 1994 (Cth) – whether, in the circumstances, it was legally unreasonable for the Authority to invite the appellant to comment on new information immediately at the interview
Legislation: Migration Act 1958 (Cth), ss 46A, 359B, 424B; Part 7AA, ss 473BA, 473CB, 473CC, 473DA, 473DB, 473DC, 473DD, 473DE, 473DE(1)(c), 473DF, 473DF(2), 473DF(3), 473FA Migration Regulations 1994 (Cth), r 4.42 Explanatory Memorandum, Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Seeker Legacy Caseload) Bill 2014 (Cth)
Cases cited: DBE16 v Minister for Immigration and Border Protection [2017] FCA 942 Harman Nominees Pty Ltd v Leighton Shores Pty Ltd [2012] WASCA 189 M v Minister for Immigration and Multicultural Affairs (2006) 155 FCR 333 Minister for Immigration and Border Protection v AMA16 [2017] FCAFC 136 Minister for Immigration and Border Protection v CLV16 [2018] FCAFC 80 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210 Minister for Immigration and Border Protection v DZU16 [2018] FCAFC 32 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16 SZLWQ v Minister for Immigration and Citizenship (2008) 172 FCR 452 W375/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 89; 67 ALD 757
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