BYI18 v Minister for Home Affairs [2019] FCA 803

FEDERAL COURT OF AUSTRALIA

BYI18 v Minister for Home Affairs [2019] FCA 803 Appeal from: BYI18 & Ors v Minister for Home Affairs & Anor [2018] FCCA 2222

File number: NSD 1557 of 2018

Judge: BESANKO J

Date of judgment: 31 May 2019

Catchwords: MIGRATION — where a delegate of the Minister for Immigration and Border Protection refused to grant the appellants Safe Haven Visas — where the Immigration Assessment Authority affirmed the delegate's decision — where the Federal Circuit Court of Australia dismissed the appellants' application for judicial review of the Authority's decision MIGRATION — whether the primary judge erred in failing to consider, or failing to conclude, that the Authority committed jurisdictional error in its interpretation or application of s 473DD of the Migration Act 1958 (Cth) — whether the Authority was entitled to conclude that it could be satisfied that new information could not have been provided to the delegate before the delegate's decision — consideration of CMY17 v Minister for Immigration and Border Protection [2018] FCA 1333 and BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958; (2017) 254 FCR 221

Legislation: Migration Act 1958 (Cth) ss 65, 473DC, 473DD

Cases cited: AQU17 v Minister for Immigration and Border Protection [2018] FCAFC 111; (2018) 162 ALD 442 BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958; (2017) 254 FCR 221 CMY17 v Minister for Immigration and Border Protection [2018] FCA 1333 Minister for Immigration and Border Protection v CQW 17 [2018] FCAFC 110; (2018) 162 ALD 427