ERY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 357

FEDERAL COURT OF AUSTRALIA

ERY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 357 Appeal from: ERY17 v Minister for Immigration & Anor [2018] FCCA 738

File number: WAD 229 of 2018

Judge: WHEELAHAN J

Date of judgment: 19 March 2020

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court – whether the Administrative Appeals Tribunal erred in giving consideration to information in country reports and making findings – whether the Administrative Appeals Tribunal erred in not notifying the appellant of some features of a document subject to an invalid certificate under s 438 of the Migration Act 1958 (Cth) – leave sought to rely on amended notice of appeal – leave given in part – leave sought to rely on arguments not maintained below – arguments lacking merit – leave refused – appeal dismissed.

Legislation: Migration Act 1958 (Cth) ss 418(3), 422B, 424AA, 424A, 425, 427, 430(1) and 438

Cases cited: AVQ15 v Minister for Immigration and Border Protection (2018) 266 FCR 83 CKC16 v Minister for Immigration and Border Protection [2018] FCA 1260 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZLFX (2009) 238 CLR 507 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 MZAFZ v Minister for Immigration and Border Protection (2016) 243 FCR 1 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588