Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BHM17 v Minister for Immigration and Border Protection [2019] FCA 1396 Appeal from: BHM17 v Minister for Immigration & Anor [2018] FCCA 3452
File number: NSD 2342 of 2018
Judge: O'BRYAN J
Date of judgment: 30 August 2019
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – where Immigration Assessment Authority (IAA) affirmed decision of delegate refusing application for safe haven enterprise visa – whether IAA erred in finding untranslated French document attached to appellant's submission did not meet criteria in section 473DD(b) of the Migration Act 1958 (Cth) – whether any such error by IAA was material to its decision – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 473DD(b)(i), 473DD(b)(ii)
Cases cited: AQU17 v Minister for Immigration and Border Protection (2018) 162 ALD 442 Hossain v Minister for Immigration and Border Protection (2018) 359 ALR 1 Minister for Immigration and Border Protection v BBS16 (2017) 257 FCR 111 Minister for Immigration and Border Protection v SZMTA (2019) 163 ALD 38 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 353 ALR 600 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476
Date of hearing: 16 May 2019
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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