CSR16 v Minister for Immigration and Border Protection [2018] FCA 474

FEDERAL COURT OF AUSTRALIA

CSR16 v Minister for Immigration and Border Protection [2018] FCA 474 Appeal from: CSR16 v Minister for Immigration [2017] FCCA 2222

File number: VID 1032 of 2017

Judge: BROMBERG J

Date of judgment: 11 April 2018

Catchwords: MIGRATION –fast track reviewable decision by the Immigration Assessment Authority ("IAA") under Pt 7AA of the Migration Act 1958 (Cth) ("Act") –– appeal from judicial review of IAA decision by the Federal Circuit Court ("FCC") – whether the decision of the IAA to not disclose any matter contained in a document and/or information the subject of a certificate issued under s 473GB of the Act was legally unreasonable – whether the IAA misconstrued s 473DD(b) dealing with "new information" and thereby fell into jurisdictional error – whether the IAA's reliance upon what was said by the visa applicant in an entry interview demonstrated jurisdictional error – appeal allowed

Legislation: Migration Act 1958 (Cth), ss 422B, 473BA, 473CB, 473DA, 473DB, 473DC, 473DD, 473GB, Pt 7AA

Cases cited: BCQ16 v Minister for Immigration and Border Protection [2018] FCA 365 BZV16 v Minister for Immigration and Border Protection [2017] FCA 958 DBE16 v Minister for Immigration and Border Protection [2017] FCA 942 Gbojueh v Minister for Immigration and Citizenship [2012] FCA 288 Graham v Minister for Immigration and Border Protection; Te Puia v Minister for Immigration and Border Protection [2017] HCA 33 Maharjan v Minister for Immigration and Border Protection [2017] FCAFC 213 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210 MZZJO v Minister for Immigration and Border Protection (2014) 239 FCR 436 Re Patterson; Ex parte Taylor (2001) 207 CLR 391 Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252 VEAL v Minister for Immigration and Multicultural Affairs (2005) 225 CLR 88