Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AWV18 v Minister for Home Affairs (No 3) [2020] FCA 365 Appeal from: AWV18 v Minister for Home Affairs [2019] FCCA 687
File number: WAD 122 of 2019
Judge: DERRINGTON J
Date of judgment: 18 March 2020
Catchwords: MIGRATION – Protection Visa – whether Immigration Assessment Authority's decision affected by jurisdictional error – leave to raise a new ground of appeal – Immigration Assessment Authority failed to exercise power under s 473DC to "get" document considered by delegate at interview but returned to appellant – transcript errors concealing document from Immigration Assessment Authority – state of affairs brought about by unusual circumstances rendered failure to exercise power under s 473DC legally unreasonable – jurisdictional error occurring despite Immigration Assessment Authority being unaware of all circumstances
Legislation: Migration Act 1958 (Cth)
Cases cited: AWV18 v Minister for Home Affairs (No 2) [2019] FCA 1315 AWV18 v Minister for Home Affairs [2019] FCA 1202 BJK17 v Minister for Immigration and BJJ17 v Minister for Immigration [2019] FCAFC 171 CAL15 v Minister for Immigration and Border Protection [2016] FCA 1344 CGA15 v Minister for Home Affairs [2019] FCAFC 46 CVV16 v Minister for Home Affairs [2019] FCA 1890 DPI17 v Minister for Home Affairs (2019) 366 ALR 665 DVO16 v Minister for Immigration and Border Protection [2019] FCAFC 157 EVS17 v Minister for Immigration and Border Protection (2019) 163 ALD 422 Han v Minister for Home Affairs [2019] FCA 331 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Border Protection v DZU16 (2018) 253 FCR 526 Minister for Immigration and Border Protection v Haq (2019) 365 ALR 202 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 SZQHK v Minister for Immigration and Citizenship (2012) 125 ALD 458 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588
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