CCR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 9

FEDERAL COURT OF AUSTRALIA

CCR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 9 Appeal from: CCR18 v Minister for Home Affairs [2019] FCCA 1215

File number: WAD 188 of 2019

Judge: JACKSON J

Date of judgment: 13 January 2020

Catchwords: MIGRATION - appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review of a decision of the Immigration Assessment Authority - protection visa - Authority's discretion to get and consider 'new information' under s 473DC and s 473DD of the Migration Act 1958 (Cth) - determination by the Authority that s 473DD prohibited it from considering 'new information' - jurisdictional error by reason of failure to exercise the discretion whether to get the information under s 473DC(1) - appeal allowed

Legislation: Migration Act 1958 (Cth) ss 473CB, 473DA, 473DB, 473DC, 473DD, Division 3, Part 7AA

Cases cited: BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 373 ALR 196 CCQ17 v Minister for Immigration and Border Protection [2018] FCA 1641 DKF16 v Minister for Immigration and Border Protection [2019] FCA 789 DPI17 v Minister for Home Affairs [2019] FCAFC 43; (2019) 366 ALR 665 EBY17 v Minister for Immigration and Border Protection [2019] FCA 222 EMJ17 v Minister for Immigration and Border Protection [2018] FCA 1462 FKO17 v Minister For Home Affairs [2019] FCA 98 Khalil v Minister for Home Affairs [2019] FCAFC 151; (2019) 372 ALR 424 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; (2017) 253 FCR 475 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 363 ALR 599 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Rawsthorne v Minister for Immigration and Citizenship [2013] FCAFC 39; (2013) 140 ALD 524