Minister for Home Affairs v DUA16 [2019] FCAFC 221

FEDERAL COURT OF AUSTRALIA

Minister for Home Affairs v DUA16 [2019] FCAFC 221 Appeal from: DUA16 v Minister for Immigration and CHK16 v Minister for Immigration [2019] FCCA 1128

File numbers: VID 540 of 2019 VID 542 of 2019

Judges: GRIFFITHS, MORTIMER AND WHEELAHAN JJ

Date of judgment: 10 December 2019

Catchwords: MIGRATION – appeal from the Federal Circuit Court – whether the primary judge erred in concluding that decisions of the Immigration Assessment Authority were vitiated due to fraudulent conduct of respondents' representative –– primary judge's characterisation of the representative's conduct as 'reckless indifference' an implicit finding of fraud – respondents' representative's fraudulent conduct stultified the IAA's function and vitiated the decisions – IAA was misled as to the factual nature of the respondents' claims and did not seek alternative information from the respondents – primary judge's reasoning adequately explained – appeals dismissed with costs.

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Migration Act 1958 (Cth) ss 281, 425, 426A, 473BA, 473CB, 473DA, 473DB, 473DC, 473DD, 473DE, 473FA, 473FB, 473GA, 473GB and 501CA Migration Regulations 1994 (Cth)

Cases cited: ALR17 v Minister for Home Affairs [2019] FCAFC 182 BNV18 v Minister for Home Affairs (No 2) [2019] FCA 378 Cain v Glass (No 2) (1985) 3 NSWLR 230 Cassell & Co Ltd v Broome [1972] AC 1027 COA16 v Minister for Immigration and Border Protection [2018] FCA 475 COZ16 v Minister for Immigration and Border Protection [2018] FCA 46; 259 FCR 1 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; 258 FCR 175 DJB16 v Minister for Immigration and Border Protection [2019] FCA 1161 DNA17 v Minister for Immigration and Border Protection [2019] FCAFC 146 DPI17 v Minister for Home Affairs [2019] FCAFC 43; 366 ALR 665 EUW17 v Minister for Immigration and Border Protection [2019] FCA 744 GGD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1463 Gill v Minister for Immigration and Border Protection [2016] FCAFC 142; 248 FCR 398 Jama v Minister for Immigration and Multicultural Affairs [2000] FCA 524; 61 ALD 387 Kaur v Minister for Immigration and Border Protection [2019] FCAFC 53 Kirk v Industrial Court of New South Wales [2010] HCA 1; 239 CLR 531 Leung v Minister for Immigration and Multicultural Affairs [1997] FCA 1313; 79 FCR 400 Maharjan v Minister for Immigration and Border Protection [2017] FCAFC 213; 258 FCR 1 Minister for Immigration and Border Protection v CLV16 [2018] FCAFC 80; 260 FCR 482 Minister for Immigration and Border Protection v CQW17 [2018] FCAFC 110; 162 ALD 427 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 259 ALR 429 Minister for Immigration and Multicultural Affairs v SZFDE [2006] FCAFC 142; 154 FCR 365 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 353 ALR 600 Plaintiff S157/2002 v The Commonwealth [2003] HCA 2; 211 CLR 476 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 Reddaway v Banham [1896] AC 199 Singh v Minister for Immigration and Border Protection [2016] FCAFC 141; 247 FCR 554 SZFDE v Minister for Immigration and Citizenship [2007] HCA 35; 232 CLR 189 Wati v Minister for Immigration and Ethnic Affairs [1996] FCA 1043; 71 FCR 103 Wei v Minister for Immigration and Border Protection [2015] HCA 51; 257 CLR 22 Chief Justice James Allsop, "The Intersection of Companies and Trusts" (Harold Ford Memorial Lecture, Melbourne, 26 September 2019)