ERQ17 v Minister for Home Affairs [2019] FCA 1114

FEDERAL COURT OF AUSTRALIA

ERQ17 v Minister for Home Affairs [2019] FCA 1114 Appeal from: ERQ17 v Minister for Immigration & Anor [2018] FCCA 3909

File number: NSD 2330 of 2018

Judge: ABRAHAM J

Date of judgment: 19 July 2019

Catchwords: MIGRATION – appeal from Federal Circuit Court dismissing application for judicial review of the decision of the Immigration Assessment Authority – whether factual findings of the Immigration Assessment Authority were legally unreasonable – no jurisdictional error found – appeal dismissed PRACTICE AND PROCEDURE – new arguments raised on appeal – need for leave – arguments without merit

Legislation: Migration Act 1958 (Cth) ss 5J, 473DC, 473DD, Pt.7AA

Cases cited: AON15 v Minister for Immigration and Border Protection [2019] FCAFC 48 DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91 Minister for Immigration and Citizenship v Li [2003] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 92 ALJR 713 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration & Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Haji Ibrahim [2000] HCA 55; (2000) 204 CLR 1 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200; (2017) 255 FCR 81 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 Singh v Minister for Home Affairs [2019] FCAFC 3 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588