Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DJU20 v Minister for Immigration and Border Protection [2019] FCA 2220 File number: NSD 789 of 2020
Judge: BROMWICH J
Date of judgment: 27 May 2019
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court – where Immigration Assessment Authority affirmed a decision of a delegate of the first respondent refusing a protection visa – where appellant made prior, invalid, application – where prior statutory declaration not provided to the Authority – whether primary judge erred in failing to find breach of s 473CB(1)(c) of the Migration Act 1958 (Cth) – consideration of, in the alternative, the materiality of such a breach – held: appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 47, 47(3), 473CA, 473BB, 473CB(1), 473CB(1)(c) Public Service Act 1999 (Cth) ss 57, 57(2)(c) Prevention of Terrorism (Temporary Provisions) Act 1978 (Sri Lanka)
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Revenue (Northern Territory) [2009] HCA 41; 239 CLR 27 CQR17 v Minister for Immigration and Border Protection [2019] FCAFC 61 EMJ17 v Minister for Immigration and Border Protection [2018] FCA 1462 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 363 ALR 599 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 SZOIN v Minister for Immigration and Citizenship [2011] FCAFC 38; 191 FCR 123
Date of hearing: 20 May 2019
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