Federal Court of Australia
Federal Court of Australia
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AWT19 [2021] FCAFC 58 Appeal from: AWT19 v Minister for Immigration [2020] FCCA 1748
File number: NSD 827 of 2020
Judgment of: ALLSOP CJ, KERR AND MORTIMER JJ
Date of judgment: 21 April 2021
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court – where Federal Circuit Court found jurisdictional error in decision of Immigration Assessment Authority – whether Authority was not provided with all the "review material" – meaning of "review material"; "new information" – where audio recording or accurate transcript of interview unavailable – whether Authority had power to invite the applicant to an interview to remedy non-provision of review material – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 54-56, 57, 473BB, 473CA, 473CB, 473DB, 473DC, 473DD, 473DE
Cases cited: ABJ17 v Minister for Immigration and Border Protection [2018] FCA 950; 260 FCR 295 ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; 383 ALR 407 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; 384 ALR 196 AWV18 v Minister for Home Affairs (No 3) [2020] FCA 365 BDY18 v Minister for Immigration and Border Protection [2020] FCAFC 24; 273 FCR 170 BEL18 & Anor v Minister for Home Affairs & Anor [2018] FCA 2103 BNB17 v Minister for Immigration and Border Protection [2020] FCA 304 BVC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 565 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; 373 ALR 196 CNY17 v Minister for Immigration and Border Protection & Anor [2019] HCA 50; 375 ALR 47 CSR16 v Minister for Immigration and Border Protection [2018] FCA 474 DFS16 v Minister for Home Affairs [2019] FCA 944 DPI17 v Minister for Home Affairs [2019] FCAFC 43; 269 FCR 134 DVO16 v Minister for Immigration and Border Protection [2021] HCA 12 DWA17 v Minister for Immigration and Border Protection and Another [2019] FCAFC 160; 272 FCR 152 EMS18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 174 EVS17 v Minister for Immigration and Border Protection and Another [2019] FCAFC 20; 268 FCR 299 Minister for Immigration and Border Protection v CPA16 [2019] FCAFC 40; 268 FCR 379 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 [2020] FCAFC 159 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 264 CLR 217 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152
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