CPU18 v Minister for Home Affairs [2019] FCA 922

FEDERAL COURT OF AUSTRALIA

CPU18 v Minister for Home Affairs [2019] FCA 922 Appeal from: CPU18 v Minister for Home Affairs & Anor [2019] FCCA 208

File number: QUD 72 of 2019

Judge: REEVES J

Date of judgment: 14 June 2019

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia – whether the primary judge erred in concluding that the Immigration Assessment Authority (IAA) had engaged appropriately with the requirements of s 473DD of the Migration Act 1958 (Cth) – where new information was provided to the IAA – appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: BVZ16 v Minister for Immigration and Border Protection (2017) 254 FCR 221; [2017] FCA 958 CPU18 v Minister for Home Affairs & Anor [2019] FCCA 208

Date of hearing: 30 May 2019

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 16

Counsel for the Appellant: Mr A Kumar

Solicitor for the First Respondent: Mr L Dennis of Minter Ellison

Counsel for the Second Respondent: The Second Respondent filed a Submitting Notice

ORDERS QUD 72 of 2019

BETWEEN: CPU18 Appellant

AND: MINISTER FOR HOME AFFAIRS First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

JUDGE: REEVES J DATE OF ORDER: 14 June 2019

THE COURT ORDERS THAT:

1. The appellant's notice of appeal filed on 4 February 2019 is dismissed. 2. The appellant is to pay the first respondent's costs to be taxed failing agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.