FOF17 v Minister for Immigration and Border Protection [2019] FCA 100

FEDERAL COURT OF AUSTRALIA

FOF17 v Minister for Immigration and Border Protection [2019] FCA 100 Appeal from: FOF17 v Minister for Immigration & Anor [2018] FCCA 1326

File number(s): NSD 978 of 2018

Judge(s): WHEELAHAN J

Date of judgment: 12 February 2019

Catchwords: MIGRATION – appeal from the Federal Circuit Court – new information provided to the Immigration Assessment Authority – failure to disclose source of new information – source of information relevant to information's credibility – no error in primary judge's reasons – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 473D(a), s 473CA, 473DC, s 473DD, s 473FB, s 474DC, s 474DD(a), s 477DD.

Cases cited: Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 353 ALR 600

Date of hearing: 21 November 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 28

Counsel for the Appellant: Mr O Jones

Counsel for the First Respondent: Mr T Reilly

Solicitor for the First Respondent: HWL Ebsworth Lawyers

Counsel for the Second Respondent: The second respondent filed a submitting appearance

ORDERS NSD 978 of 2018

BETWEEN: FOF17 Appellant

AND: MINISTER FOR HOME AFFAIRS First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

JUDGE: WHEELAHAN J DATE OF ORDER: 12 February 2019

THE COURT ORDERS THAT:

The appeal be dismissed. The appellant pay the first respondent's costs of the appeal to be assessed in default of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.