ALF21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1828

FEDERAL COURT OF AUSTRALIA

ALF21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1828 File number: WAD 33 of 2021

Judge: ABRAHAM J

Date of judgment: 7 November 2019

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court dismissing application for judicial review – where Immigration Assessment Authority (Authority) affirms decision of the Minister's delegate to refuse Safe Haven Enterprise Visas to the appellants – whether the Authority misconstrued or misapplied s 473DD in finding there were not exceptional circumstances justifying the consideration of new information – whether the Authority considered the s 473DD(b)(ii) matters – whether the Authority failed to consider important evidence – held: appeal dismissed

Legislation: Migration Act 1958 (Cth) s 473DD

Cases cited: BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958; (2017) 254 FCR 221 Minister for Immigration and Border Protection v CQW17 [2018] FCAFC 110; (2018) 162 ALD 427 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176; (2017) 257 FCR 111 CHF16 v Minister for Immigration and Border Protection [2017] FCAFC 192; (2017) 257 FCR 148 AQU17 v Minister for Immigration and Border Protection [2018] FCAFC 111; (2018) 162 ALD 442 DLB17 v Minster for Home Affairs [2018] FCAFC 230 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 DYS16 v Minister for Immigration and Border Protection [2018] FCAFC 33; (2018) 260 FCR 260 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593