Federal Court of Australia
Federal Court of Australia
AZT22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 90 Appeal from: Application for extension of time: AZT22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 127; and BTT16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 126
File numbers: WAD 63 of 2022 WAD 64 of 2022
Judgment of: BANKS-SMITH, JACKSON AND FEUTRILL JJ
Date of judgment: 9 June 2023
Catchwords: MIGRATION - appeal from orders of Federal Circuit and Family Court of Australia (Division 2) dismissing review applications from decision of the Immigration Assessment Authority - where Authority affirmed decision of the delegate of the Minister to refuse protection visas - assessment of new information pursuant to s 473DD of the Migration Act 1958 (Cth) - Authority assessed credibility of new information having regard to findings made on review material - whether Authority should have determined whether information meets criteria of s 473DD before making findings on the review - materiality - appeal allowed
Legislation: Migration Act 1958 (Cth) ss 5, 5(1), 5H, 5J, 35A, 35A(3), 65, 473BA, 473BB, 473CA, 473CB, 473CC, 473DA, 473DB, 473DB(2), 473DC, 473DD, 473DD(a), 473DD(b), 473DD(b)(i), 473DD(b)(ii), 473DE, 473DF, 473EA(1), 473EA(2), 473EA(3), 473EB, 437EC, 473FA(2), 473GA, 473GB, 473HB, 474; Pt 7AA
Cases cited: ABH18 v Minister for Home Affairs [2020] FCA 620 ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; (2020) 269 CLR 439 AEX19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1069 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; (2020) 269 CLR 494 AYX17 v Minister for Immigration and Border Protection [2018] FCAFC 103; (2018) 262 FCR 317 BTT16 v Minister for Home Affairs [2019] FCA 251 BTT16 v Minister for Immigration and Border Protection [2018] FCCA 1125 BTT16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 2134 BVD17 v Minister for Immigration and Border Protection [2019] HCA [34]; (2019) 268 CLR 29 BWE17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1087 CDJ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 345 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; (2019) 268 CLR 76 CSR16 v Minister for Immigration and Border Protection [2018] FCA 474 DPT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 15 DVO16 v Minister for Immigration and Border Protection [2021] HCA 12; (2021) 273 CLR 177 DYS16 v Minister for Immigration and Border Protection [2018] FCAFC 33; (2018) 260 FCR 260 EAC16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1657 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176; (2017) 257 FCR 111 Minister for Immigration and Border Protection v CED16 [2020] HCA 24; (2020) 380 ALR 216 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 [2020] FCAFC 159 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AWT19 [2021] FCAFC 58; (2021) 285 FCR 381 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 273 CLR 506 Nathanson v Minister for Home Affairs [2022] HCA 26 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217 Plaintiff S157/2002 v Commonwealth [2003] HCA 2; (2003) 211 CLR 476 Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57; (2000) 204 CLR 827
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