CQR17 v Minister for Immigration and Border Protection [2019] FCAFC 61

FEDERAL COURT OF AUSTRALIA

CQR17 v Minister for Immigration and Border Protection [2019] FCAFC 61 Appeal from: CQR17 v Minister for Immigration & Anor [2018] FCCA 627

File number: NSD 940 of 2018

Judges: REEVES, JAGOT AND DERRINGTON JJ

Date of judgment: 15 April 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 not given all the material in possession or control of the delegate when the decision referred to the Authority – whether delegate failed to identify relevant documents – whether it was unreasonable to consider certain documents irrelevant to the review – whether breach material to outcome of review under Pt 7AA such that jurisdictional error was established – appeal dismissed MIGRATION – Decision of Immigration Assessment Authority – whether the Secretary failed to provide all relevant information to Immigration Assessment Authority – whether information was "relevant to the review" – whether failure to provide relevant material resulted in jurisdictional error – whether any non-compliance with the requirements to provide relevant information resulted in a jurisdictional error by Authority – whether error realistically denied the appellant of the opportunity of a different outcome

Legislation: Migration Act 1958 (Cth) ss 5, 418, 473CA, 473CB, 473CC, 473DB, 473DC, 473DD Federal Court Rules 2011 (Cth)