Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BDR18 v Minister for Home Affairs [2020] FCA 212 Appeal from: BDR18 v Minister for Home Affairs [2018] FCCA 2737
File number: NSD 1406 of 2018
Judge: LEE J
Date of judgment: 26 February 2020
Catchwords: MIGRATION – appeal from Federal Circuit Court – whether claim raised clearly or squarely on the material before the delegate and the Immigration Assessment Authority – whether a claim can be new information under s 473DC(1) of the Migration Act 1958 (Cth) – whether Immigration Assessment Authority's failure to consider exercising its discretion under s 473DC(3) to invite the appellant to provide comment on inconsistencies in evidence was legally unreasonable – whether Immigration Assessment Authority failed to comply with s 473DD – ground not raised below – leave refused – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 473DC, 473DD, 473DE Evidence Act 1995 (Cth) s 140 Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: AYK17 v Minister for Immigration and Border Protection [2019] FCA 1053 AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89; (2018) 261 FCR 503 BDR18 v Minister for Home Affairs [2018] FCCA 2737 CVK16 v Minister for Immigration [2017] FCCA 235 CVK16 v Minister for Immigration and Border Protection [2017] FCA 1434; (2017) 257 FCR 297 DFW16 v Minister for Immigration and Border Protection [2018] FCA 746 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; (2018) 258 FCR 551 DTK17 v Minister for Immigration and Border Protection [2018] FCAFC 170; (2018) 265 FCR 538 FIR17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 122 Kasupene v Minister for Immigration & Citizenship [2008] FCA 1609; (2008) 49 AAR 77 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176; (2017) 257 FCR 111 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; (2017) 253 FCR 475 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588
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