ASO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1909

FEDERAL COURT OF AUSTRALIA

ASO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1909 Appeal from: ASO18 V Minister for Home Affairs & Anor [2019] FCCA 1403

File number: NSD 932 of 2019

Judge: SNADEN J

Date of judgment: 19 November 2019

Date of publication of reasons: 25 November 2019

Catchwords: MIGRATION – protection visa – appeal from the Federal Circuit Court of Australia (the "FCCA") – application for judicial review of a decision of the Immigration Assessment Authority (the "IAA") – whether the IAA decision was affected by jurisdictional error – whether the IAA reached a conclusion unsupported by evidence – whether the IAA decision has "become" unreasonable – whether the IAA failed to address a material contention –whether leave should be granted to advance on appeal a ground not advanced below – additional ground without merit – leave refused – judgment delivered ex tempore – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5AA, 5H, 36, 473CA, 473DC, 473DD, 473FA, 476

Cases cited: ASO18 v Minister for Home Affairs & Anor [2019] FCCA 1403 BHP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1211 BJK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 171 CCQ17 v Minister for Immigration and Border Protection [2018] FCA 1641 DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration v SZMDS (2010) 240 CLR 611 Plaintiff S111/2017 v Minister for Immigration and Border Protection (2018) 263 FCR 310 SZLPH v Minister for Immigration and Border Protection (2018) 266 FCR 105 SZTAP v Minister for Immigration and Border Protection (2015) 238 FCR 404