Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
FIR17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 122 Appeal from: FIR17 v Minister for Immigration [2019] FCCA 1678
File number: NSD 1459 of 2019
Judge: LEE J
Date of judgment: 5 February 2020
Catchwords: MIGRATION – appeal from Federal Circuit Court – unparticularised contention that Immigration Assessment Authority failed to consider claim – ground not advanced below – whether Immigration Assessment Authority misconstrued meaning of "new information" – whether claim can be characterised as new information for purpose of ss 473DC and 473DD of Migration Act 1958 (Cth) – whether exceptional circumstances existed – no error demonstrated – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36, 473DC, 473DD
Cases cited: AYK17 v Minister for Immigration and Border Protection [2019] FCA 1053 CNY17 v Minister for Immigration [2019] HCA 50; (2019) 94 ALJR 140 CVK16 v Minister for Immigration [2017] FCCA 235 CVK16 v Minister for Immigration and Border Protection [2017] FCA 1434; (2017) 257 FCR 297 DEC16 v Minister of Immigration and Border Protection [2019] FCA 1285 FIR17 v Minister for Immigration [2019] FCCA 1678 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588
Date of hearing: 5 February 2020
Registry: New South Wales
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