Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958 Appeal from: BVZ16 v Minister for Immigration [2017] FCCA 775
File number: SAD 82 of 2017
Judge: WHITE J
Date of judgment: 18 August 2017
Catchwords: MIGRATION – visa – refusal of visa – fast track reviewable decision by the Immigration Assessment Authority (IAA) – Migration Act 1958 (Cth) Pt 7AA – considering new information in exceptional circumstances – appellant's circumstances not considered to be exceptional – judicial review of IAA decision by Federal Circuit Court (FCC) – appeal from FCC decision – whether IAA member had regard to the s 473DD(b) criteria – jurisdictional error in failing to discharge the task of review under s 473DB(1) – construction of "exceptional circumstances" too narrow – jurisdictional error in construing statute – appeal allowed.
Legislation: Acts Interpretation Act 1901 (Cth) s 15AB Migration Act 1958 (Cth) ss 5(1), 5AA, 46A, 65, 473CA, 473CB, 473CC, 473DB, 473DC, 473DD, Pt 7AA Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Supplementary Explanatory Memorandum, Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014 (Cth)
Cases cited: An v Minister for Immigration and Citizenship [2007] FCAFC 97; (2007) 160 FCR 480 Craig v The State of south Australia (1995) 184 CLR 163 Griffiths v The Queen (1989) 167 CLR 372 Hasim v Attorney-General of the Commonwealth [2013] FCA 1433; (2013) 218 FCR 25 Hatcher v Cohn [2004] FCA 1548; (2004) 139 FCR 425 Ho v Professional Services Review Committee No 295 [2007] FCA 388 Kirk v Industrial Court of New South Wales [2010] HCA 1; (2010) 239 CLR 531 Maan v Minister for Immigration and Citizenship [2009] FCAFC 150; (2009) 179 FCR 581 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 R v Kelly [2000] QB 198
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