Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DFS16 v Minister for Home Affairs [2019] FCA 944 Appeal from: DFS16 v Minister for Immigration & Anor [2018] FCCA 1628
File number: NSD 1572 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 the Authority had affirmed a decision of a delegate of the First Respondent not to grant the Appellant a Safe Haven Enterprise (subclass 790) visa – dispositive issue in appeal whether an English translation of a Tamil document is "new information" for the purposes of Pt 7AA of the Migration Act 1958 (Cth) – where the Authority found translation was not "new information" and had regard to it – where the Authority made adverse credibility findings about the Appellant on the basis of the translation – translation of document already before the delegate not new information where submission that decision in ABJ17 v Minister for Immigration and Border Protection [2018] FCA 950; 260 FCR 295 is inconsistent with considered obiter reasoning of the plurality in Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 353 ALR 600 – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 424A, 473CB, 473DC, 473DD, 473DE, Pt 7, Pt 7AA
Cases cited: ABJ17 v Minister for Immigration and Border Protection [2018] FCA 950; 260 FCR 295 Coulton v Holcombe [1986] HCA 33; 162 CLR 1 Hicks v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 757 Pharikan v Minister for Home Affairs [2019] FCA 49 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 353 ALR 600 R v Hookham (1993) 31 NSWLR 381 SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 2; 150 FCR 214 Undershaft (No 1) Ltd v Federal Commissioner of Taxation [2009] FCA 41; 175 FCR 150
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