BRH18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 74

Federal Court of Australia

BRH18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 74 Appeal from: BRH18 v Minister for Immigration & Anor [2020] FCCA 805 BRG18 v Minister for Immigration & Anor [2020] FCCA 806 BQU18 & Ors v Minister for Immigration & Anor [2020] FCCA 807

File numbers: QUD 132 of 2020 QUD 133 of 2020 QUD 134 of 2020

Judgment of: aLLSOP CJ, KERR AND MORTIMER JJ

Date of judgment: 20 May 2021

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court – where Federal Circuit Court affirmed decision of Immigration Assessment Authority – leave to raise new ground on appeal granted – where audio recording of interview unavailable – whether Authority erred by failing to exercise discretion under s 473CB to invite applicant to an interview to remedy non-provision of review material – non-provision of audio recording not material – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 473CB, 473DC

Cases cited: AAZ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 407 BVC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 565 Haritos v Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315 Marharjan v Minister for Immigration and Border Protection [2017] FCAFC 213; 258 FCR 1 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AWT19 [2021] FCAFC 58 NWQR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 30