Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
FND17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1369 Appeal from: FND17 v Minister for Immigration and Border Protection [2019] FCCA 531
File number: NSD 422 of 2019
Judge: GRIFFITHS J
Date of judgment: 28 August 2019
Catchwords: MIGRATION – appeal from orders of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision by the Immigration Assessment Authority (IAA) – where the Immigration Assessment Authority made factual findings which differed from those made by the delegate – whether it was legally unreasonable for the IAA to make findings contrary to those made by the delegate without first considering whether to exercise its power under s 473DC(3) of the Migration Act 1958 (Cth) to obtain new information – no jurisdictional error – appeal dismissed, with costs
Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 473DA, 473DC
Cases cited: ABT17 v Minister for Immigration and Border Protection [2019] FCA 613 ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174; 250 FCR 109 Assistant Commissioner Condon v Pompano Pty Ltd [2013] HCA 7; 252 CLR 38 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; 263 FCR 292 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 353 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; 258 FCR 175 DBE16 v Minister for Immigration and Border Protection [2017] FCA 942 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; 258 FCR 551 DPI17 v Minister for Home Affairs [2019] FCAFC 43; 366 ALR 665 FND17 v Minister for Immigration and Border Protection [2019] FCCA 531 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; 253 FCR 475 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; 243 CLR 164 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; 197 CLR 611 Singh v Minister for Home Affairs [2019] FCAFC 3 Wainohu v New South Wales [2011] HCA 24; 243 CLR 181
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