Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DKF17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1963 Appeal from: DKF17 v Minister for Immigration & Anor [2019] FCCA 723
File number: NSD 999 of 2019
Judge: THAWLEY J
Date of judgment: 21 November 2019
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia – judicial review of decision of Immigration Assessment Authority – where the appellant provided new information – application of s 473DD of the Migration Act 1958 (Cth) – whether "exceptional circumstances" under s 473DD(a) of the Migration Act 1958 (Cth) – whether the Authority was required to have regard to the matters contained in s 473DD(b)(i) or (b)(ii) when deciding whether "exceptional circumstances" exist – appeal dismissed
Legislation: Acts Interpretation Act 1901 (Cth) s 25D Migration Act 1958 (Cth) ss 5(1), 473BA, 473CA, 473CC, 473DB, 473DC, 473DD, 473EA, 473FA, 473GB
Cases cited: AQU17 v Minister for Immigration and Border Protection [2018] FCAFC 111 AOV18 v Minister for Home Affairs [2018] FCA 1871 BVD17 v Minister for Immigration and Border Protection (2018) 261 FCR 35 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34 BVZ16 v Minister for Immigration and Border Protection (2017) 254 FCR 221 CHF16 v Minister for Immigration and Border Protection (2017) 257 FCR 148 CVV16 v Minister for Home Affairs [2019] FCA 1890 DKF17 v Minister for Immigration & Anor [2019] FCCA 723 DLB17 v Minster for Home Affairs [2018] FCAFC 230 DYS16 v Minister for Immigration and Border Protection (2018) 260 FCR 260 East Melbourne Group Inc v Minister for Planning (2008) 30 VAR 121 Endeavour Coal Pty Limited v Association of Professional Engineers, Scientists and Managers, Australia (2012) 206 FCR 576 Jackson v Director-General of Corrective Services (1990) 21 ALD 261 Ly v Minister for Immigration and Multicultural Affairs [2000] FCA 15 Minister for Home Affairs v HSKJ [2018] FCAFC 217 Minister for Immigration and Border Protection v AUS17 [2019] FCA 1686 Minister for Immigration and Border Protection v BBS16 (2017) 257 FCR 111 Minister for Immigration and Border Protection v CQW17 (2018) 264 FCR 249 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 Stojic v Deputy Commissioner of Taxation [2018] FCA 483 SZTMD v Minister for Immigration and Border Protection (2015) 150 ALD 34 VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117
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