Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DYK17 v Minister for Home Affairs [2019] FCA 943 Appeal from: DYK17 & Ors v Minister for Immigration & Anor [2018] FCCA 2799
File number: WAD 375 of 2018
Judge: KERR J
Date of judgment: 20 June 2019
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority (Authority) – where Authority had affirmed a decision of a delegate of the first Respondent refusing the Appellants' applications for Safe Haven Enterprise (subclass 790) visas – whether Authority erred in taking an unduly narrow view of "exceptional circumstances" for the purposes of s 473DD(a) – where it may be inferred Authority gave consideration exclusively to whether information could have been provided to the Minister's delegate – whether it was legally unreasonable for Authority not to exercise its discretion to obtain further information under s 473DC – where Appellant had advised she did not feel comfortable with a male interpreter during interview conducted by Minister's delegate – appeal allowed
Legislation: Migration Act 1958 (Cth), ss 55, 473CA, 473CB, 473DC, 473DD, Pt 7AA
Cases cited: BVD17 v Minister for Immigration and Border Protection [2018] FCAFC 114; 261 FCR 35 BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958; 254 FCR 221 CHM16 v Minister for Immigration and Border Protection [2018] FCA 1132 Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456; 43 FCR 280 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176; 257 FCR 111 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; 253 FCR 475 Minister for Immigration and Border Protection v DZU16 [2018] FCAFC 32; 253 FCR 526 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 357 ALR 408 Plaintiff M174 /2016 v Minister for Immigration and Border Protection [2018] HCA 16 Singh v Minister for Immigration and Border Protection [2017] FCA 1347
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