ANA18 v Minister for Home Affairs [2018] FCA 1854

FEDERAL COURT OF AUSTRALIA

ANA18 v Minister for Home Affairs [2018] FCA 1854 Appeal from: ANA18 v Minister for Home Affairs & Anor [2018] FCCA 1372; ANA18 v Minister for Home Affairs & Anor (No 2) [2018] FCCA 1373

File number(s): NSD 1070 of 2018

Judge: DERRINGTON J

Date of judgment: 28 November 2018

Catchwords: MIGRATION – Safe Haven Enterprise Visa refused and IAA affirming decision – general grounds of review made to Federal Circuit Court – general grounds of appeal advanced to Federal Court – to whether the IAA denied applicant procedural fairness – whether IAA considered all claims and integers of claims advanced by the applicant

Legislation: Migration Act 1958 (Cth)

Cases cited: ANA18 v Minister for Home Affairs [2018] FCCA 1372 BCQ16 v Minister for Immigration and Border Protection [2018] FCA 365 BSQ16 v Minister for Immigration and Border Protection [2018] FCA 469 DBE16 v Minister for Immigration and Border Protection [2017] FCA 942 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12 House v The King (1936) 55 CLR 499 Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 SZNXAV v Minister for Immigration and Citizenship [2010] FCA 775 WZAVW v Minister for Immigration and Border Protection [2016] FCA 760