DOX17 v Minister for Immigration and Border Protection [2019] FCA 1372

FEDERAL COURT OF AUSTRALIA

DOX17 v Minister for Immigration and Border Protection [2019] FCA 1372 Appeal from: DOX17 v Minister for Immigration and Border Protection [2019] FCCA 250

File number: WAD 113 of 2019

Judge: COLVIN J

Date of judgment: 30 August 2019

Catchwords: MIGRATION - appeal from decision of the Federal Circuit Court dismissing application for judicial review of decision of the Immigration Assessment Authority affirming the delegate's decision to refuse the appellant's application for a protection visa - whether the Authority unreasonably failed to consider whether to exercise its discretionary power under s 473DC of the Migration Act 1958 (Cth) - where the Authority was asked by the appellant to consider new information including a letter - whether the Authority erred by failing to make enquiries of the author of a letter - where no error demonstrated - appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 473CA, 73DC, 473DD, Part 7AA

Cases cited: BVD17 v Minister for Immigration and Border Protection [2018] FCAFC 114; (2018) 261 FCR 35 DLB17 v Minister for Home Affairs [2018] FCAFC 230 DYK16 v Minister for Immigration and Border Protection [2018] FCAFC 222 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; (2017) 253 FCR 475 Minister for Immigration and Border Protection v DZU16 [2018] FCAFC 32; (2018) 253 FCR 526 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16