BXT17 v Minister for Home Affairs [2021] FCAFC 9

FEDERAL COURT OF AUSTRALIA

BXT17 v Minister for Home Affairs [2021] FCAFC 9 Appeal from: BXT17 v Minister for Immigration & Anor [2019] FCCA 1459

File number: VID 692 of 2019

Judges: MARKOVIC, O'CALLAGHAN AND ANASTASSIOU JJ

Date of judgment: 12 February 2021

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – where the Immigration Assessment Authority (Authority) affirmed a decision of a delegate of the Minister to refuse the appellant a protection visa – whether the designation of a person as an "unauthorised maritime arrival" pursuant to s 5AA of the Migration Act 1958 (Cth) (Act) can come to an end – whether the Authority assessed new information in accordance with s 473DD of the Act – whether non-compliance was material – appeal dismissed

Legislation: Migration Act 1958 (Cth), ss 5, 5AA, 5J, 46A, 78, 189, 198AD, 198AHA, 198AJ, 336F, 473DD, 494AA, Subdiv AJ Migration Amendment (Detention Arrangements) Act 2005 (Cth) Migration Amendment (Excision from Migration Zone) Amendment Act 2001 (Cth) Migration Amendment (Excision from Migration Zone) (Consequential Provisions) Act 2001 (Cth) Migration Amendment (Protection and Other Measures) Act 2015 (Cth) Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Act 2013 (Cth) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012 (Cth) Migration Legislation Amendment (Transitional Movement) Act 2002 (Cth)