Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
EEM17 v Minister for Immigration and Border Protection [2018] FCAFC 180 Appeal from: EEM17 v Minister for Immigration & Anor [2018] FCCA 337
File number: WAD 72 of 2018
Judges: BARKER, GRIFFITHS AND MOSHINSKY JJ
Date of judgment: 19 October 2018
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – refusal of application for protection visa – fast track review process under Pt 7AA of the Migration Act 1958 (Cth) – where the Secretary of the Department provided to the Immigration Assessment Authority documents that had not been before the Minister when the Minister made the decision under s 65 of the Act – whether the documents were "new information" – where the Authority failed to consider whether there were exceptional circumstances to justify considering the new information as required by s 473DD – whether the Authority's decision was affected by jurisdictional error – appeal allowed
Legislation: Migration Act 1958 (Cth), ss 5H, 36, 65, 473BA, 473CA, 473CB, 473CC, 473DA, 473DB, 473DC, 473DD, 473DE, 473FA, 473GA, 473GB
Cases cited: CQY16 v Minister for Immigration and Border Protection (2017) 326 FLR 263 Hossain v Minister for Immigration and Border Protection (2018) 92 ALJR 780 Minister for Immigration and Border Protection v BBS16 (2017) 158 ALD 198 Minister for Immigration and Border Protection v CQW17 [2018] FCAFC 110 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 353 ALR 600
Date of hearing: 23 August 2018
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