Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CWY16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 86 Appeal from: CWY16 & Anor v Minister for Immigration & Anor [2019] FCCA 1419
File number: VID 790 of 2019
Judge: KENNY J
Date of judgment: 10 February 2020
Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision by the Administrative Appeals Tribunal – whether leave granted to rely on grounds not advanced before primary judge – leave granted – whether Tribunal's failure to seek further information legally unreasonable – whether Tribunal failed to arrive at its satisfaction as to the statutory requirements in accordance with the Migration Act 1958 (Cth) – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Migration Act 1958 (Cth) s 36, 48A, 424 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 Federal Court Amendment (Court Administration and Other Measures) Rules 2019 (Cth)
Cases cited: CWY16 & Anor v Minister for Immigration & Anor [2019] FCCA 1419 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409; 24 ALR 577 Minister for Immigration and Citizenship v Le [2007] FCA 1318; 164 FCR 151 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 259 ALR 429; 83 ALJR 1123 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 SZGIZ v Minister for Immigration and Citizenship [2013] FCAFC 71; 212 FCR 235 SZOBU v Minister for Immigration and Citizenship [2010] FCA 568 SZOBU v Minister for Immigration and Citizenship [2010] FMCA 206 SZOBU v Minister for Immigration and Citizenship [2011] HCATrans 110 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588 Wei v Minister for Immigration and Border Protection [2015] HCA 51; 257 CLR 22
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