Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CYN18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 320 Appeal from: CYN18 v Minister for Home Affairs and Anor [2019] FCCA 232
File number: QUD 93 of 2019
Judge: LOGAN J
Date of judgment: 7 February 2020
Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court dismissing an application for judicial review of a decision of the Immigration Assessment Authority – where the appellant applied for a Safe Haven Enterprise Visa – where the appellant's visa application was refused – where the grounds of appeal raised issues which was not raised by the grounds of review in the court below – whether leave should be granted to the appellant to raise new issues on appeal – whether conclusions reached by an administrator about the credibility of a claim are incapable of challenge on judicial review – whether the Immigration Assessment Authority was under a statutory obligation to conduct an investigation
Legislation: Migration Act 1958 (Cth) ss 36, 424A, 424AA, 473DB, 473DC, 473DD, Pt 7AA
Cases cited: Coulton v Holcombe (1986) 162 CLR 1 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588
Date of hearing: 7 February 2020
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
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