Federal Court of Australia
Federal Court of Australia
DNU20 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 148 Appeal from: DNU20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 20
File number: VID 91 of 2022
Judgment of: BROMBERG, MOSHINSKY AND HESPE JJ
Date of judgment: 1 September 2022
Catchwords: MIGRATION – appeal from an order of the Federal Circuit and Family Court of Australia (Division 2) – where the primary judge upheld a decision of the Second Respondent to affirm a decision made by a delegate of the First Respondent to refuse to grant a Safe Haven Enterprise visa to the Appellant – where failure to comply with s 473CB(1)(d) of the Migration Act 1958 (Cth) was conceded because the Secretary of the First Respondent failed to provide the Authority with the Appellant's residential address – whether the Secretary's statutory duty to provide the Authority with details of the Appellant's address was a precondition to the valid exercise of the Authority's decision‑making power – whether the Secretary's error in failing to notify the Authority of the Appellant's residential address was material.
Legislation: Migration Act 1958 (Cth), ss 65, 116, 473CA, 473CB, 473CC, 473DB, 473DC, 473DD, 473EA, 473FC, 473HG Corrections Act 1986 (Vic), s 112 Corrections Regulations 2019 (Vic), reg 65(1)(o)
Cases cited: ABT17 v Minister for Immigration and Border Protection (2020) 269 CLR 439; [2020] HCA 34 BRH18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 74 CNY17 v Minister for Immigration and Border Protection (2019) 268 CLR 76; [2019] HCA 50 EVS17 v Minister for Immigration and Border Protection (2019) 268 FCR 299; [2019] FCAFC 20 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123; [2018] HCA 34 Le v Minister for Immigration and Citizenship (2007) 157 FCR 321; [2007] FCAFC 20 Minister for Home Affairs v DUA16 (2020) 385 ALR 212; [2020] HCA 46 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 MZAPC v Minister for Immigration and Border Protection (2021) 390 ALR 590; [2021] HCA 17 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AWT19 (2021) 285 FCR 381; [2021] FCAFC 58 Nathanson v Minister for Home Affairs [2022] HCA 26 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217; [2018] HCA 16 Wei v Minister for Immigration and Border Protection (2015) 257 CLR 22; [2015] HCA 51
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