BVC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 565

FEDERAL COURT OF AUSTRALIA

BVC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 565 Appeal from: [Redacted] – see BVC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 586

File number: NSD 480 of 2020

Judge: WIGNEY J

Date of judgment: 30 April 2020

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – where primary judge dismissed judicial review application of decision by Immigration Assessment Authority (IAA) – where IAA affirmed decision to refuse a protection visa – where delegate was shown a digital image on a mobile phone – whether digital image was material – whether digital image was provided to the delegate – whether failure to provide hard copy of the image had legal consequences – whether IAA failed to exercise discretion to get a copy of the image – whether hard copy of the image constituted new information – whether failure to provide all review material was a material breach – appeal dismissed

Legislation: Acts Interpretation Act 1901 (Cth) s 2B Migration Act 1958 (Cth) ss 5, 36, 36(2)(a), 36(2)(aa), 46A(1), 46A(2), 473BA, 473BB, 473CA, 473CB, 473CB(1), 473CB(1)(b), 473CB(1)(c), 473CC, 473DA, 473DB, 473DB(1), 473DC, 473DC(1), 473DC(1)(a), 473DD, 473DD(b)(i), 473DE, 473DF, 476

Cases cited: AAM15 v Minister for Immigration and Border Protection (2015) 231 FCR 452; FCA 804 ABJ17 v Minister for Immigration and Border Protection (2018) 260 FCR 295; FCA 950 AUF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 222 BKX18 v Minister for Home Affairs [2020] FCA 432 DFS16 v Minister for Home Affairs (2019) 166 ALD 410; FCA 944 DPI17 v Minister for Home Affairs (2019) 366 ALR 665; FCAFC 43 EMJ17 v Minister for Immigration and Border Protection [2018] FCA 1462 EVS17 v Minister for Immigration and Border Protection (2019) 268 FCR 99; FCAFC 20 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Border Protection v CRY16 (2017) 253 FCR 475; FCAFC 210 Minister for Immigration and Border Protection v SZMTA (2019) 274 CLR 421 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 SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214; FCAFC 2