AWW17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 247

FEDERAL COURT OF AUSTRALIA

AWW17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 247 Appeal from: AWW17 v Minister for Immigration & Anor [2019] FCCA 2681

File number: NSD 1546 of 2019

Judge: MURPHY J

Date of judgment: 4 March 2020

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court dismissing application for review of Immigration Assessment Authority's decision to not grant appellant a protection visa – leave to raise new ground of appeal – whether the Immigration Assessment Authority overlooked an integer or component of the claim – whether the error is material – appeal allowed

Legislation: Migration Act 1956 (Cth)

Cases cited: ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174; (2016) 250 FCR 109 BBE17 v Minister for Immigration and Border Protection [2019] FCA 573; (2019) 164 ALD 410 CGA15 v Minister for Home Affairs [2019] FCAFC 46 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; (2016) 253 FCR 496 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; (2001) 233 FCR 136 Iyer v Minister for Immigration & Multicultural Affairs [2000] FCA 1788 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588