Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
FKM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 192 Appeal from: FKM17 v Minister for Immigration & Anor [2019] FCCA 1688
File number: NSD 1411 of 2019
Judge: KATZMANN J
Date of judgment: 25 February 2020
Catchwords: MIGRATION — appeal from Federal Circuit Court of Australia — reviewable decision of Immigration Assessment Authority ("Authority") — where Authority decided not to consider "new information" — where an aspect of Authority's reasons was illogical but error not material — whether, contrary to findings of primary judge, Authority incorrectly applied or misconstrued s 473DD of Migration Act 1958 (Cth) — whether information about availability of supporting evidence not given to the delegate was not "new information" — whether Authority failed to take into account all relevant circumstances in considering whether there were "exceptional circumstances" for the purpose of para 473DD(a) — whether Authority failed to dispose of one of appellant's claims
Legislation: Migration Act 1958 (Cth) ss 5H(1), 36, 473CC, 473DB, 473DC(1), 473DD, Pt 7AA Div 3
Cases cited: AQU17 v Minister for Immigration and Border Protection [2018] FCAFC 111; 162 ALD 442 BVZ16 v Minister for Immigration and Border Protection (2017) 254 FCR 221 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Lesianawai v Minister for Immigration and Citizenship [2012] FCA 897; 131 ALD 27 Minister for Immigration and Border Protection v BBS16 (2017) 257 FCR 111 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 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 SZCBT v Minister for Immigration and Multicultural Affairs [2007] FCA 9 WAEE v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 236 FCR 593 Wei v Minister for Immigration and Border Protection (2015) 257 CLR 22
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