Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CIH16 v Minister for Immigration and Border Protection [2018] FCA 1317 Appeal from: CIH16 v Minister for Immigration and Anor [2018] FCCA 246
File number: NSD 165 of 2018
Judge: DERRINGTON J
Date of judgment: 7 September 2018
Catchwords: MIGRATION – whether Immigration Assessment Authority applied the correct test for ascertaining under s 473DD as to whether exceptional circumstances existed to justify the consideration of new information – failure to consider whether essential information in medical report satisfied the requirements of s 473DD(b)(ii) – whether the error was material and amounted to a jurisdictional error – appeal allowed
Legislation: Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: AQU17 v Minister for Immigration and Border Protection [2018] FCAFC 111 AUH17 v Minister for Immigration and Border Protection [2018] FCA 388 BCQ16 v Minister for Immigration and Border Protection [2018] FCA 365 BVD17 v Minister for Immigration and Border Protection [2018] FCAFC 114 BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958 CHF16 v Minister for Immigration and Border Protection [2017] FCAFC 192 CVS16 v Minister for Immigration and Border Protection [2018] FCA 951 Hossain v Minister for Immigration and Border Protection [2018] HCA 34 Minister for Immigration and Border Protection v CQW17 [2018] FCAFC 110 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 353 ALR 600 R v Kelly [2000] QB 198
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