Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DLB17 v Minister for Home Affairs [2018] FCAFC 230 Appeal from: DLB17 v Minister for Immigration & Anor [2018] FCCA 1299
File number: WAD 263 of 2018
Judges: MCKERRACHER, BARKER AND BANKS-SMITH JJ
Date of judgment: 18 December 2018
Catchwords: MIGRATION – protection visa – fast-track review decision – appeal from a decision of the Federal Circuit Court of Australia – whether the Immigration Assessment Authority erred in its application of the test in s 473DD(a) of the Migration Act 1958 (Cth) – consideration of new information by the Authority – whether there were "exceptional circumstances" warranting the consideration of new information – what constitutes "exceptional circumstances" – where no jurisdictional error identified in the Authority's approach Held: appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 36(2B)(c), 46A, 473CA, 473CB, 473DC, 473DD, 473DD(a), 473DD(b), 473DD(b)(i), 473DD(b)(ii)
Cases cited: AQU17 v Minister for Immigration and Border Protection [2018] FCAFC 111 CVS16 v Minister for Immigration and Border Protection [2018] FCA 951 Minister for Immigration and Border Protection v BBS16 (2017) 257 FCR 111 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 92 ALJR 481
Date of hearing: 6 November 2018
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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