Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BMP17 v Minister for Home Affairs [2019] FCA 112 Appeal from: BMP17 v Minister for Immigration and Border Protection [2018] FCCA 1127
File number: WAD 265 of 2018
Judge: BANKS-SMITH J
Date of judgment: 26 February 2019
Catchwords: MIGRATION - appeal from decision of Federal Circuit Court of Australia - protection visa - Iraqi citizen's protection claim based on connection with United States troops - whether Immigration Assessment Authority erred in failing to have regard to new information - whether task required for purpose of s 473DD of the Migration Act 1958 (Cth) undertaken - whether Authority erred in relying on country information as to historical position and identity of resistance groups - whether description of employment role revealed factual error that comprised error of law - whether errors comprised jurisdictional error - materiality - appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5H(1), 5J(1)(b), 36(2)(a), 36(2)(aa), 46A, 430, 473CB, 473DD
Cases cited: AOV18 v Minister for Home Affairs [2018] FCA 1871 BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958; (2017) 254 FCR 221 CHF16 v Minister for Immigration and Border Protection [2017] FCAFC 192 CVS16 v Minister for Immigration and Border Protection [2018] FCA 951 DYS16 v Minister for Immigration and Border Protection [2018] FCAFC 33 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 92 ALJR 780 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Nesterczuk v Mortimore [1965] HCA 60; (1965) 115 CLR 140 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173 SZLPH v Minister for Immigration and Border Protection [2018] FCAFC 145
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