AMV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 262

FEDERAL COURT OF AUSTRALIA

AMV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 262 Appeal from: AMV17 v Minister for Immigration & Anor [2019] FCCA 2012

File number: NSD 1297 of 2019

Judge: DAVIES J

Date of judgment: 5 March 2020

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court to dismiss appellant's application for judicial review of Immigration Assessment Authority decision affirming delegate's decision to refuse appellant's application for a protection visa – fast track review under Part 7AA of the Migration Act 1958 (Cth) – where new information not before the delegate provided to Immigration Assessment Authority – new information not considered by Authority on the basis that there were no "exceptional circumstances" – application of s 473DD of the Migration Act 1958 (Cth) – where factual considerations relevant to s 473DD(b) bear upon whether there are "exceptional circumstances" to justify considering new information – Authority failed to consider requirements of s 473DD(b)(ii) in determining if there were "exceptional circumstances" – appeal allowed

Legislation: Migration Act 1958 (Cth), s 473DD

Cases cited: AQU17 v Minister for Immigration and Border Protection [2018] FCAFC 111 CAQ17 v Minister for Immigration and Border Protection [2019] FCAFC 203 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176; 257 FCR 111 Minister for Immigration and Border Protection v CQW17 [2018] FCAFC 110; 264 FCR 251 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588