Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
FHK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 156 Appeal from: FHK18 v Minister for Home Affairs & Anor [2019] FCCA 559
File number: NSD 413 of 2019
Judge: O'BRYAN J
Date of judgment: 21 February 2020
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review of Immigration Assessment Authority's decision affirming decision of Minister's delegate refusing grant of safe haven enterprise visa – whether Authority failed to apply section 473DD of the Migration Act 1958 (Cth) by treating information as a submission – whether Authority's treatment of information as a submission was material to its decision – appeal dismissed
Legislation: Migration Act 1958 (Cth) Pt 7AA, ss 473DD(a), 473DD(b)
Cases cited: Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Border Protection v CLV16 (2018) 260 FCR 482 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 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
Date of hearing: 29 August 2019
Registry: New South Wales
Division: General Division
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