Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CWF16 v Minister for Home Affairs [2020] FCA 509 Appeal from: CWF16 v Minister for Immigration & Anor [2018] FCCA 3357
File number: QUD 847 of 2018
Judge: LOGAN J
Date of judgment: 20 April 2020
Catchwords: MIGRATION – fast track review – where adverse Safe Haven Enterprise visa decision automatically referred to Immigration Assessment Authority – whether error in relation to the finding of the likely place of return – whether error in failing to consider exercising, or failing to exercise, the discretionary power to seek "new information" by way of s 473DC of the Migration Act 1958 (Cth)
Legislation: Migration Act 1958 (Cth) ss 5AA, 36, 46A, 473CA, 473DA, 473DC, Pt 7AA
Cases cited: BKX18 v Minister for Home Affairs [2020] FCA 432 BVD17 v Minister for Immigration and Border Protection (2019) 93 ALJR 1091 Jebb v Repatriation Commission (1988) 80 ALR 329 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997 Public Service Board (NSW) v Osmond (1986) 159 CLR 656
Date of hearing: 5 February 2020
Registry: Queensland
Division: General Division
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