Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DAS18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1398 Appeal from: DAS18 v Minister for Home Affairs & Anor [2019] FCCA 253
File number: NTD 9 of 2019
Judge: WHITE J
Date of judgment: 2 September 2019
Catchwords: MIGRATION – Appeal from Federal Circuit Court (the FCC) dismissing an application for judicial review of a decision of the Immigration Assessment Authority (IAA) refusing the Appellant's application for a Safe Haven Enterprise visa – FCC Judge unwilling to receive new material – whether the Appellant received a fair hearing in the FCC (Ground 1) – whether the IAA failed to give proper consideration to the Appellant's case by ignoring relevant material (Ground 2) – whether the Minister failed to consider the complementary protection criterion under the Migration Act 1958 (Cth) – appeal allowed on Ground 1
Legislation: Migration Act 1958 (Cth)
Cases cited: SZKLO v Minister for Immigration & Border Protection [2008] FCA 735 AAM15 v Minister for Immigration and Border Protection [2015] FCA 804 COZ16 v Minister for Immigration & Border Protection [2018] FCA 46 AXL16 v Minister for Immigration & Border Protection [2018] FCA 208 BZD17 v Minister for Immigration & Border Protection [2018] FCAFC 94, (2018) 263 FCR 292
Date of hearing: 19 August 2019
Date of last submissions: 19 August 2019
Registry: Northern Territory
Division: General Division
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