Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DVO16 v Minister for Immigration & Border Protection [2019] FCAFC 157 Appeal from: DVO16 v Minister for Immigration & Border Protection [2018] FCCA 3058
File number: NSD 2163 of 2018
Judges: GREENWOOD, FLICK AND STEWART JJ
Date of judgment: 9 September 2019
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – whether primary judge erred in finding that a decision of the Immigration Assessment Authority (Authority) was not affected by jurisdictional error – where the Authority did not consider exercising its power under s 473DC of the Migration Act 1958 (Cth) to hear further from the appellant in relation to ethnic persecution claims – where there were difficulties in interpretation – whether the process lacked procedural fairness – whether the Authority failed to apply the test in s 473DD in respect of 'new information' – whether the Authority failed to complete the statutory task of review required by s 473CC – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5AAA, 5H, 36(2)(aa), 65 437CA, 437CB, 473CC, 473DA, 473DB, 473DC, 473DD, 473DE, 473DF, 473FA, 476
Cases cited: BCQ16 v Minister for Immigration & Border Protection [2018] FCA 365 BZAID v Minister for Immigration and Border Protection [2016] FCA 508; 242 FCR 310 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd [1994] FCA 1074; 49 FCR 576 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12 EEM17 v Minister for Immigration and Border Protection [2018] FCAFC 180 Hot Holdings Pty Limited v Creasy, [2002] HCA 51; 210 CLR 438 Minister for Immigration and Border Protection v CLV16 [2018] FCAFC 80; 260 FCR 482 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; 253 FCR 475 Minister for Immigration and Border Protection v DZU16 [2018] FCAFC 32; 253 FCR 526 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 263 ALR 599 Plaintiff S157/2002 v The Commonwealth, [2003] HCA 2; 211 CLR 476 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 92 ALJR 481 SZFDE v Minister for Immigration and Citizenship [2007] HCA 35; 232 CLR 189 SZRMQ v Minister for Immigration and Border Protection [2013] FCAFC 142; 219 FCR 212
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