EVS17 v Minister for Immigration and Border Protection [2019] FCAFC 20

FEDERAL COURT OF AUSTRALIA

EVS17 v Minister for Immigration and Border Protection [2019] FCAFC 20 Appeal from: EVS17 v Minister for Immigration & Anor [2018] FCCA 1066

File number: NSD 867 of 2018

Judges: ALLSOP CJ, MARKOVIC AND STEWARD JJ

Date of judgment: 11 February 2019

Catchwords: MIGRATION – appeal from orders of the Federal Circuit Court of Australia dismissing the appellant's application for judicial review – where the Immigration Assessment Authority (Authority) affirmed the decision of a delegate not to grant the appellant a Safe Haven Enterprise visa – where the Authority was not given all the material provided by the appellant to the delegate when the Authority made its decision as required by s 473CB(1)(b) of the Migration Act 1958 (Cth) (Act) – whether the Authority was prevented from conducting its review under Pt 7AA of the Act such that jurisdictional error was established – appeal allowed.

Legislation: Migration Act 1958 (Cth) ss 418(3), 473BA, 473CB, 473CC, 473DC Migration Regulations 1994 (Cth) r 4.43

Cases cited: AKK17 v Minister for Immigration and Border Protection [2017] FCCA 2486; 327 FLR 343 Applicants S487/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1309 BMB16 v Minister for Immigration and Border Protection [2017] FCAFC 169; 253 FCR 448 EMJ17 v Minister for Immigration and Border Protection [2018] FCA 1462 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 92 ALJR 780 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 92 ALJR 481 WAGP v Minister for Immigration [2006] FCAFC 103; 151 FCR 413