ETV17 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCA 882

FEDERAL COURT OF AUSTRALIA

ETV17 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCA 882 Appeal from: ETV17 v Minister for Immigration [2018] FCCA 2643

File number: NSD 1860 of 2018

Judge: MARKOVIC J

Date of judgment: 12 June 2019

Catchwords: MIGRATION – appeal from orders of the Federal Circuit Court of Australia dismissing the appellants' application for judicial review – where the Immigration Assessment Authority (Authority) affirmed the decision of a delegate not to grant the appellants a Safe Haven Enterprise visa – whether the Authority misapprehended the appellants' claim about issues created by their inter-caste marriage – whether the Authority failed to give cumulative consideration to the first appellant's claims about his association with the LTTE – whether the primary judge erred in finding that the appellants were not in a different category of returnees – appeal dismissed

Date of hearing: 21 May 2019

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 61

Counsel for the Appellants: Mr A Kumar

Solicitor for the First Respondent: Ms M Donald of Sparke Helmore

Counsel for the Second Respondent: The Second Respondent filed a submitting notice save as to costs

ORDERS NSD 1860 of 2018

BETWEEN: ETV17 First Appellant

ETW17 Second Appellant

ETX17 (and others named in the Schedule) Third Appellant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent