Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BJK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 171 Appeal from: BJK17 v Minister for Immigration & Anor and BJJ17 v Minister for Immigration & Anor [2019] FCCA 561
File numbers: VID 289 of 2019 VID 295 of 2019
Judges: MIDDLETON, BROMBERG AND SNADEN JJ
Date of judgment: 11 October 2019
Catchwords: MIGRATION – protection visas – appeals from decisions of the Federal Circuit Court of Australia – applications for judicial review of decisions of the Immigration Assessment Authority (the "Authority") – decision by the first respondent refusing application by a father and his son for protection visas – whether the Authority committed jurisdictional error – whether the Authority was reviewing one or two decisions – whether information supplied to Authority ahead of review was "new information" – whether Authority had regard to contentions advanced – whether it was legally unreasonable for the Authority to consider new information in respect of the father but not the son – whether Authority unreasonably failed to consider exercising its power to invite the father to an interview or to otherwise get new information – appeals dismissed
Legislation: Migration Act 1958 (Cth) Pt 7AA, ss 5, 5AA, 35A, 36, 473CA, 473CB, 473CC, 473DA, 473DB, 473DC, 473DD, 473FA, 476
Cases cited: Basra v Minister for Immigration and Border Protection [2018] FCA 422 CCQ17 v Minister for Immigration and Border Protection [2018] FCA 1641 CPN16 v Minister for Home Affairs [2018] FCA 872 DPI17 v Minister for Home Affairs (2019) 366 ALR 665 Hossain v Minister for Immigration and Border Protection (2018) 92 ALJR 780 Maan v Minister for Immigration and Citizenship (2009) 179 FCR 581 Minister for Immigration and Border Protection v BBS16 (2017) 257 FCR 111 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Border Protection v SZMTA (2019) 93 ALJR 252 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 353 ALR 600 Plaintiff S111/2017 v Minister for Immigration and Border Protection (2018) 263 FCR 310 SZSUT v Minister for Immigration and Border Protection [2015] FCA 190
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