DTK17 v Minister for Immigration and Border Protection [2018] FCAFC 170

FEDERAL COURT OF AUSTRALIA

DTK17 v Minister for Immigration and Border Protection [2018] FCAFC 170 Appeal from: DTK17 v Minister for Immigration & Anor [2018] FCCA 746

File number: NSD 598 of 2018

Judges: MCKERRACHER, GLEESON AND BURLEY JJ

Date of judgment: 10 October 2018

Catchwords: MIGRATION – appeal from the Federal Circuit Court – where the primary judge dismissed the application for judicial review of the decision of the Immigration Assessment Authority affirming a decision of the delegate not to grant a Safe Haven Enterprise visa – review by the IAA under Pt 7AA of the Migration Act 1958 (Cth) – consideration of what constitutes "new information" as defined in s 473DC(1) – whether an Issues Paper was "before the Minister" – appropriate construction of "before the Minister" – whether the alleged failure by the decision-maker was of the requisite materiality Held: appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5H(1)(I), 36(2)(a), 54, 55, 56, 57, 57(1)(b), 57(2), 58, 59, 62, 65, 66, 66(2)(c), 473CA, 473CB, 473CB(1), 473CC, 473DA, 473DA(2), 473DB, 473DB(1), 473DC, 473DC(1), 473DC(1)(a), 473DD, 473DE, 473DE(3)(a), 473FB(3), 473JA(1), Pt 7AA

Cases cited: Buchwald v Minister for Immigration and Border Protection (2016) 242 FCR 65 Bushell v Secretary of State for Environment [1981] AC 75 Hossain v Minister for Immigration and Border Protection (2018) 92 ALJR 780 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 92 ALJR 481 Secretary, Department of Sustainability and Environment (Vic) v Minister for Sustainability, Environment, Water, Population and Communities (Cth) (2013) 209 FCR 215 VHAJ v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 131 FCR 80