Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CQI16 v Minister for Immigration and Border Protection [2019] FCA 718 Appeal from: CQI16 v Minister for Immigration & Anor [2018] FCCA 3178
File number: SAD 300 of 2018
Judge: WHITE J
Date of judgment: 22 May 2019
Catchwords: MIGRATION – appeal against the dismissal of an application for judicial review in the Federal Circuit Court (FCC) of a decision by the Immigration Assessment Authority (IAA) to refuse to grant the Appellant a Safe Haven Enterprise (Class XE) Subclass 790 visa – whether the FCC erred in failing to find that the IAA misconstrued the law and asked the wrong question when considering whether there was a real chance that the Appellant would suffer harm – whether the FCC erred in failing to find that the conclusions reached by the IAA were not rationally open on the material it had accepted – whether the IAA committed jurisdictional error by not applying the correct test for internal relocation – appeal dismissed.
Legislation: Migration Act 1958 (Cth) ss 4(1), 5H, 5J, 36, 473BB, 473CA, 473CC, 473DD, 473EA Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)
Cases cited: BCH17 v Minister for Immigration and Border Protection [2018] FCA 300 Chan Yee Kin v Minister for Immigration and Ethnic Affairs [1989] HCA 62, (1989) 169 CLR 379 Hicks v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 757 Januzi v Secretary of State for the Home Department [2006] 2 AC 426 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Guo Wei Rong [1997] HCA 22, (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6, (1996) 185 CLR 259 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs [1994] FCA 535; (1994) 52 FCR 437 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; (2007) 233 CLR 18
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