Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DWP18 v Minister for Home Affairs [2020] FCA 153 Appeal from: DWP18 v Minister for Home Affairs and Anor [2019] FCCA 2694
File number(s): QUD 559 of 2019
Judge(s): GREENWOOD J
Date of judgment: 12 February 2020
Catchwords: MIGRATION – consideration of whether a claim "clearly emerged" from the material put to the delegate such that the Immigration Assessment Authority had a statutory obligation to consider the claim as part of a review of the delegate's decision
Cases cited: AYY17 v Minister for Immigration and Border Protection [2018] 261 FCR 503
Date of hearing: 12 February 2020
Date of last submissions: 12 February 2020
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 30
Counsel for the Appellant: Mr H Clift
Solicitor for the Appellant: Angus Francis, Angus Francis Lawyers
Counsel for the First Respondent: Mr J D Byrnes
Solicitor for the First Respondent: David McLaren, MinterEllison
ORDERS QUD 559 of 2019
BETWEEN: DWP18 Appellant
AND: MINISTER FOR HOME AFFAIRS First Respondent
IMMIGRATION ASSESSMENT AUTHORITY Second Respondent
JUDGE: GREENWOOD J DATE OF ORDER: 12 FEBRUARY 2020
THE COURT ORDERS THAT:
1. The appeal is dismissed. 2. The appellant pay the costs of the first respondent of and incidental to the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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