Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CRS18 v Minister for Home Affairs [2019] FCA 2019 Appeal from: CRS18 v Minister for Home Affairs & Anor [2019] FCCA 280
File number: QUD 137 of 2019
Judge: REEVES J
Date of judgment: 29 November 2019
Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court – where the primary judge dismissed an application for judicial review of a decision of the Immigration Assessment Authority (the Authority) affirming a decision of a delegate of the Minister for Home Affairs to refuse to grant the appellant a Safe Haven Enterprise (subclass 790) visa – whether the primary judge erred in failing to find that the Secretary's breach of s 473CB of the Migration Act 1958 (Cth) (the Act) meant that the Authority failed to conduct a proper review in accordance with Part 7AA of the Act – whether the primary judge erred in not finding that the Authority failed to properly assess the appellant's claim to be stateless – whether the Authority's finding that the appellant is an Iranian citizen was unreasonable – whether the primary judge erred in not finding that the Authority had failed to conduct a proper review in accordance with Part 7AA of the Act – appeal dismissed
Legislation: Migration Act 1958 (Cth)
Cases cited: Chetcuti v Minister for Immigration and Border Protection [2019] FCAFC 112 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496; [2016] FCAFC 146 CQR17 v Minister for Immigration and Border Protection [2019] FCAFC 61 CRS18 v Minister for Home Affairs & Anor [2019] FCCA 280 EMJ17 v Minister for Immigration and Border Protection [2018] FCA 1462 King v Minister for Immigration and Border Protection [2014] FCA 766 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158; [2016] FCAFC 28 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 SZRBA v Minister for Immigration and Border Protection (2014) 314 ALR 146; [2014] FCAFC 81 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588; [2004] FCAFC 158 WAIJ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 74
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