Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AQU17 v Minister for Immigration and Border Protection [2018] FCAFC 111 Appeal from: AQU17 v Minister for Immigration and Border Protection [2018] FCCA 122
File number: VID 86 of 2018
Judges: MCKERRACHER, MURPHY AND DAVIES JJ
Date of judgment: 13 July 2018
Catchwords: MIGRATION – Appeal from a decision of the Federal Circuit Court appealing a decision of the Minister not to grant a protection visa to a "fast track applicant" – application of the s 473DD exception to the s 473DB prohibition on the Authority considering new information where there were "exceptional circumstances" – whether it was open to the Authority to conclude that "exceptional circumstances" were not made out – meaning of "exceptional circumstances" – whether the Authority took too narrow an interpretation of "exceptional circumstances" – whether the Authority had considered the s 473DD(b)(ii) requirement – whether the primary judge properly considered the matters required to be considered under s 473DD(a) – construction of s 473DD
Legislation: Migration Act 1958 (Cth)
Cases cited: BVZ16 v Minister for Immigration and Border Protection (2017) 254 FCR 221; [2017] FCA 958 CHF16 v Minister for Immigration and Border Protection [2017] FCAFC 192 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16 R v Kelly [2000] QB 198
Date of hearing: 7 May 2018
Registry: Victoria
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