Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DFW16 v Minister for Immigration and Border Protection [2018] FCA 746 Appeal from: DFW16 v Minister for Immigration & Anor [2017] FCCA 2726
File number: NSD 2287 of 2017
Judge: BARKER J
Date of judgment: 25 May 2018
Catchwords: MIGRATION – application for Safe Haven Enterprise visa – appeal from Federal Circuit Court of Australia – whether the judge failed to consider significant judgments – whether the judge was biased in fixing costs – whether the judge failed to hold that the Authority acted unreasonably and denied procedural fairness – whether there was a failure to exercise or not consider whether to exercise power to invite the appellant to give new information – section 473DC(3) of the Migration Act 1958 (Cth) – where inconsistencies in appellant's visa application and a prior invalid application were not put to him – where the Authority unreasonably failed to consider exercising its power to get information – appeal allowed
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 46A, 473CC, 473DA, 473DB, 473DC, 473DC(3), 473DD, Pt 7AA Div 3 Federal Court Rules 2011 (Cth) R 35.13(a) and R 35.14
Cases cited: BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958 CHF16 v Minister for Immigration and Border Protection [2017] FCAFC 192 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576; [1994] FCA 293 DBE16 v Minister for Immigration and Border Protection [2017] FCA 942 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176 Minister for Immigration and Border Protection v CRY16 & Anor [2018] HCASL 102 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210 Minister for Immigration and Border Protection v DZU16 [2018] FCAFC 32 Minister for Immigration and Citizenship v Li and Another (2013) 249 CLR 332; [2013] HCA 18 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16
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