DNA17 v Minister for Immigration and Border Protection [2019] FCAFC 146

FEDERAL COURT OF AUSTRALIA

DNA17 v Minister for Immigration and Border Protection [2019] FCAFC 146 Appeal from: DNA17 v Minister for Immigration & Anor [2018] FCCA 3101

File number: VID 1466 of 2018

Judges: KERR, DAVIES AND O'BRYAN JJ

Date of judgment: 30 August 2019

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority (IAA) – where IAA affirmed decision of delegate refusing application for temporary protection visa – meaning of "new information" in section 473DD Migration Act 1958 (Cth) – whether IAA erred in treating submission as "new information" for the purposes of section 473DD Migration Act 1958 (Cth) – whether IAA failed to consider a submission of substance – whether any failure by IAA to consider a submission of substance was material to its decision – appeal dismissed

Legislation: Migration Act 1958 (Cth) Pt 7AA, ss 5H(1), 5J(1)(c), 36(2)(a), 36(2)(aa), 36(2B)(a), 473CA, 473CB, 473DB, 473DC, 473DD, 473FB

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 CPE15 v Minister for Immigration and Border Protection [2017] FCA 591 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 73 ALD 321 Hossain v Minister for Immigration and Border Protection (2018) 359 ALR 1 Minister for Immigration and Border Protection v CLV16 (2018) 260 FCR 482 Minister for Immigration and Border Protection v SZMTA (2019) 163 ALD 38 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 353 ALR 600 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Singh v Minister for Home Affairs [2019] FCAFC 3 SZSSC v Minister for Immigration and Border Protection (2014) 142 ALD 150