Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AUF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 222 Appeal from: AUF18 v Minister for Home Affairs & Anor [2019] FCCA 1342
File number: VID 585 of 2019
Judges: ALLSOP CJ, JAGOT AND MOSHINSKY JJ
Date of judgment: 10 December 2019
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – fast track review process – where the appellant provided to the Department certain documents relating to a complaint to the Human Rights Commission of Sri Lanka (the Human Rights Documents) – where the Human Rights Documents were not before the delegate of the first respondent at the time he made a decision to reject the appellant's visa application – where the Secretary did not provide the Human Rights Documents to the Immigration Assessment Authority – where the appellant submitted the Human Rights Documents to the Authority but the Authority refused to consider them – where the Authority proceeded on the misapprehension that the Human Rights Documents had not been previously provided to the Department – whether the Secretary breached the obligation in s 473CB(1)(c) of the Migration Act 1958 (Cth) to give the Authority "any other material that is in the Secretary's possession or control and is considered by the Secretary … to be relevant to the review" – whether the Authority failed to carry out the review required by Pt 7AA of the Migration Act
Legislation: Migration Act 1958 (Cth), Pt 7AA, ss 46A, 65, 473BA, 473BB, 473CA, 473CB, 473CC, 473DB, 473DC, 473DD
Cases cited: BLA16 v Minister for Immigration and Border Protection (2018) 338 FLR 194 BLA16 v Minister for Immigration and Border Protection [2019] FCA 748 CQR17 v Minister for Immigration and Border Protection [2019] FCAFC 61 EMJ17 v Minister for Immigration and Border Protection [2018] FCA 1462 EVS17 v Minister for Immigration and Border Protection [2019] FCAFC 20 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 SAS Trustee Corporation v Miles (2018) 361 ALR 206 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362
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