BOS17 v Minister for Immigration and Border Protection [2020] FCA 75

FEDERAL COURT OF AUSTRALIA

BOS17 v Minister for Immigration and Border Protection [2020] FCA 75 Appeal from: BOS17 v Minister for Immigration and Anor [2019] FCCA 285

File number: VID 182 of 2019

Judge: O'BRYAN J

Date of judgment: 7 February 2020

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – where Immigration Assessment Authority (IAA) affirmed decision of delegate refusing application for safe haven enterprise visa – whether IAA erred in finding that information provided by the appellant was not "credible personal information" for the purposes of s 473DD(b)(ii) of the Migration Act 1958 (Cth) – whether any such error by IAA was material to its decision – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 473DC(2), 473DD(a), 473DD(b)(i), 473DD(b)(ii)

Cases cited: ABC17 v Minister for Immigration and Border Protection [2018] FCA 254 AQU17 v Minister for Immigration and Border Protection (2018) 162 ALD 442 AUH17 v Minister for Immigration and Border Protection [2018] FCA 388 BHM17 v Minister for Immigration and Border Protection [2019] FCA 1396 BVZ16 v Minister for Immigration and Border Protection (2017) 254 FCR 221 CSR16 v Minister for Immigration and Border Protection [2018] FCA 474 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Border Protection v BBS16 (2017) 257 FCR 111 Minister for Immigration and Border Protection v CLV16 (2018) 260 FCR 1783 Minister for Immigration and Border Protection v CPA16 (2019) 163 ALD 469 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZVFW (2018) 163 ALD 1 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476