Federal Court of Australia
Federal Court of Australia
ELQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 27 Appeal from: ELQ17 v Minister for Immigration & Anor [2020] FCCA 162
File number: VID 206 of 2020
Judgment of: BROMBERG, ANASTASSIOU AND ANDERSON JJ
Date of judgment: 5 March 2021
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – evaluative judgment under s 473DD – whether primary judge erred by failing to reach state of satisfaction in s 473DD – whether primary judge erred by failing to recognise that the Immigration Assessment Authority had not engaged in an active intellectual process – whether primary judge erred by failing to recognise that Authority had not considered whether there were exceptional circumstances to justify considering new information – appeal dismissed
Legislation: Migration Act 1958 (Cth), ss 473DC, 473DD, 473EA
Cases cited: AAL19 v Minister for Home Affairs [2020] FCAFC 114 ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; 94 ALJR 928 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; 94 ALJR 1007 Avon Downs Pty Ltd v Federal Commissioner of Taxation [1949] HCA 26; 78 CLR 353 BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958; 254 FCR 221 BXT17 v Minister for Home Affairs [2021] FCAFC 9 DYS16 v Minister for Immigration and Border Protection [2018] FCAFC 33; 260 FCR 260 EHF17 v Minister for Immigration and Border Protection [2019] FCA 1681; 272 FCR 409 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176; 257 FCR 111 Minister for Immigration and Border Protection v CED16 [2020] HCA 24; 94 ALJR 706 Minister for Immigration and Border Protection v CQW17 [2018] FCAFC 110; 264 FCR 249 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 MZAPC v Minister for Immigration and Border Protection [2020] HCATrans 113 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 264 CLR 217 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; 258 CLR 173 Re Minister for Immigration and Multicultural Affairs; Ex parte S20/2002 [2003] HCA 30; 77 ALJR 1165 SZCBT v Minister for Immigration and Multicultural Affairs [2007] FCA 9
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