AAQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 759

FEDERAL COURT OF AUSTRALIA

AAQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 759 Appeal from: AAQ18 v Minister for Immigration & Anor [2019] FCCA 2161

File number: NSD 1571 of 2019

Judge: BURLEY J

Date of judgment: 3 June 2020

Catchwords: MIGRATION – refusal of Safe Haven Enterprise Visa application – fast track reviewable decision by the Immigration Assessment Authority (IAA) – new information provided to the IAA – whether the IAA erred in applying s 473DD of the Migration Act 1958 (Cth) by failing to consider whether the new information was "credible personal information" – whether the IAA took an inappropriately narrow view of the breadth of the expression "exceptional circumstances" in s 473DD of the Act – whether the Federal Circuit Court of Australia failed to identify those errors – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 32, 473DC, 473DD Federal Circuit Court Rules 2001 (Cth) r 44.12(1)(b)

Cases cited: AAQ18 v Minister for Immigration & Anor [2019] FCCA 2161 AQU17 v Minister for Immigration and Border Protection [2018] FCAFC 111 BDY18 v Minister for Immigration and Border Protection [2020] FCAFC 24 CHF16 v Minister for Immigration and Border Protection [2017] FCAFC 192 DYS16 v Minister for Immigration and Border Protection [2018] FCAFC 33 DZU17 v Minister for Immigration and Anor [2019] FCCA 491 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176 Minister for Immigration and Border Protection v CQW17 [2018] FCAFC 110