ABH18 v Minister for Home Affairs [2020] FCA 620

FEDERAL COURT OF AUSTRALIA

ABH18 v Minister for Home Affairs [2020] FCA 620 Appeal from: ABH18 v Minister for Home Affairs & Anor [2019] FCCA 1112

File number: SAD 74 of 2019

Judge: CHARLESWORTH J

Date of judgment: 11 May 2020

Catchwords: MIGRATION – appeal from orders dismissing application for judicial review of a decision of the Immigration Assessment Authority – Authority reviewing a decision of a delegate of the Minister not to grant the appellant a protection visa – whether the Authority erred in the construction of s 473DD of the Migration Act 1958 (Cth) –– appellant providing new information to Authority concerning events claimed to have occurred after delegate's decision – identifiable error in the construction or application of s 473DD of the Act – whether error material and hence jurisdictional – Authority making substantive finding the claimed recent events did not occur – error not materially affecting the outcome of the exercise of the Authority's power to affirm the decision under review – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5H, 36, 54, 57, 473CA, 473CB, 473DC, 473DD, 474, Pt 7AA

Cases cited: AAD16 v Minister for Immigration and Border Protection [2018] FCA 1433 ABH18 v Minister for Home Affairs & Anor [2019] FCCA 1112 ALJ18 v Minister for Home Affairs [2020] FCA 491 BOS17 v Minister for Immigration and Border Protection [2020] FCA 75 CAQ17 v Minister for Immigration and Border Protection [2019] FCAFC 203 CSR16 v Minister for Immigration and Border Protection [2018] FCA 474 CVS16 v Minister for Immigration and Border Protection [2018] FCA 951 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476