BWO18 v Minister for Home Affairs [2020] FCA 329

FEDERAL COURT OF AUSTRALIA

BWO18 v Minister for Home Affairs [2020] FCA 329 Appeal from: BWO18 v Minister for Home Affairs & Anor [2019] FCCA 2109

File number(s): NSD 1285 of 2019

Judge(s): PERRY J

Date of judgment: 13 March 2020

Catchwords: MIGRATION – appeal from Federal Circuit Court dismissing judicial review application of decision of Immigration Assessment Authority (IAA) affirming decision not to grant appellant a safe haven visa – construction of "before the Minister" in definition of "new information" in s 473CD, Migration Act 1958 (Cth) – whether detailed information is "new information" where it is contained in a footnoted document but not referred to in Minister's decision – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 35A, 36(2), 36(2A), Part 7AA Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)

Cases cited: BYA17 v Minister for Immigration and Border Protection [2019] FCAFC 44; 163 ALD 483 CYO16 v Minister for Immigration and Border Protection [2019] FCA 2 DTK17 v Minister for Immigration and Border Protection [2018] FCAFC 170; (2018) 265 FCR 538 Minister for Immigration and Border Protection v AMA16 [2017] FCAFC 136; (2017) 254 FCR 534 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 92 ALJR 481 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593