Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DPT17 v Minister for Home Affairs [2019] FCA 872 Appeal from: DPT17 v Minister for Immigration and Border Protection [2018] FCCA 3695
File number: WAD 51 of 2019
Judge: BANKS-SMITH J
Date of judgment: 11 June 2019
Catchwords: MIGRATION - appeal from the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority - whether the Authority wrongly assumed that entry interview was before the delegate - whether entry interview was new information - where primary judge had regard to affidavit that was not read - where primary judge did not refer to affidavit that was tendered - whether the Authority failed to consider claim as to fear of harm during detention other than prison - appeal allowed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 60 Migration Act 1958 (Cth) ss 5(1), 65, 473CB, 473DC, 473DD , 473DE, 473GB, Part 7AA Federal Circuit Court Rules 2001 (Cth) r 15.29A
Cases cited: Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Blatch v Archer (1774) 1 Cowp 63 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107 DPI17 v Minister for Home Affairs [2019] FCAFC 43 DTK17 v Minister for Immigration and Border Protection [2018] FCAFC 170 EEM17 v Minister for Immigration and Border Protection [2018] FCAFC 180 EVS17 v Minister for Immigration and Border Protection [2019] FCAFC 20 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; (2011) 241 CLR 594 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17 Muin v Refugee Review Tribunal [2002] HCA 30 NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 SZIJG v Minister for Immigration and Citizenship [2007] FCA 1652 Warren v Coombes [1979] HCA 9; (1979) 142 CLR 531
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