Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AMZ18 v Minister for Home Affairs [2019] FCA 908 Appeal from: AMZ18 v Minister for Home Affairs & Anor [2018] FCCA 2027
File number: NSD 1517 of 2018
Judge: BESANKO J
Date of judgment: 14 June 2019
Catchwords: MIGRATION — where a delegate of the Minister for Immigration and Border Protection refused to grant the appellant a Protection visa — where the Immigration Assessment Authority affirmed the delegate's decision — where the Federal Circuit Court of Australia dismissed the appellant's application for judicial review of the Authority's decision ADMINISTRATIVE LAW — whether the Federal Circuit Court constructively failed to exercise its jurisdiction by failing to provide adequate reasons and failing to consider fundamental aspects of the appellant's case — whether this Court should consider the merits of the decision of the Authority upon finding a constructive failure to exercise jurisdiction by the Federal Circuit Court — whether the primary judge erred in failing to find that the Authority committed jurisdictional error by failing to consider the appellant's claims that he feared persecution in Sri Lanka by reasons of his ethnicity or his status or both — whether the primary judge erred in failing to find that the Authority committed jurisdictional error by misapplying the test in s 473DD of the Migration Act 1958 (Cth) in determining whether it could consider new information — whether the error committed by the Authority was material
Legislation: Migration Act 1958 (Cth) s 473DD
Cases cited: AXL16 v Minister for Immigration and Border Protection [2018] FCA 208 BDS17 v Minister for Immigration and Border Protection [2018] FCA 1683 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; (2018) 161 ALD 441 CIT17 v Minister for Immigration and Border Protection [2018] FCAFC 150 COZ16 v Minister for Immigration and Border Protection [2018] FCA 46; (2018) 259 FCR 1 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 359 ALR 1 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 363 ALR 599 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 353 ALR 600 SZQII v Minister for Immigration and Citizenship [2012] FCA 402; (2012) 126 ALD 479
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