Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DUO18 v Minister for Home Affairs [2020] FCA 1 Appeal from: DUO18 v Minister for Home Affairs & Anor [2019] FCCA 1561
File number: NSD 1155 of 2019
Judge: LEE J
Date of judgment: 7 January 2020
Catchwords: MIGRATION – fast track reviewable decision by the Immigration Assessment Authority under Pt 7AA of the Migration Act 1958 (Cth) – appeal from judicial review of Authority decision by the Federal Circuit Court – whether Authority entitled to consider "new information" under s 473DD – whether Authority erred in construction of s 473DD – exceptional circumstances – whether second stage of cumulative requirements may be considered at first stage – no appealable error
Legislation: Migration Act 1958 (Cth) s 473DD
Cases cited: DUO18 v Minister for Home Affairs [2019] FCCA 1561 Minister for Immigration and Border Protection v CQW17 [2018] FCAFC 110; (2018) 264 FCR 249 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 353 ALR 600
Date of hearing: 18 November 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 20
Counsel for the Appellant: The appellant appeared in person
Counsel for the Respondents: Ms K Hooper
Solicitor for the Respondents: Australian Government Solicitor
ORDERS NSD 1155 of 2019
BETWEEN: DUO18 Appellant
AND: MINISTER FOR HOME AFFAIRS First Respondent
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