Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ENJ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1079 Appeal from: ENJ17 v Minister for Home Affairs [2019] FCCA 3462
File number: SAD 253 of 2019
Judge: WHITE J
Date of judgment: 29 July 2020
Catchwords: MIGRATION – appeal from dismissal of application for judicial review – whether application for a SHEV to be reconsidered after first decision of Immigration Assessment Authority (IAA) quashed an earlier judicial review application – whether failure of IAA to refrain from making its decision so as to give the appellant the opportunity to provide updated information was unreasonable so as to give rise to jurisdictional error – request by appellant's representative made in general terms only – whether a further medical report could have materially affected decision of the IAA. Held: application dismissed.
Legislation: Freedom of Information Act 1982 (Cth) Migration Act 1958 (Cth) ss 5AA, 5H, 5J, 36, 363, 473CA, 473CB, 473CC, 473 DA, 473DB, 473DC, 473DD, 473DE, 473DF, 473FA, 473FB, 473GA, 473GB
Cases cited: BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 373 ALR 196 CAK19 v Minister for Home Affairs [2020] FCCA 1251 CRW16 v Minister for Immigration and Border Protection [2018] FCA 710 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; (2018) 258 FCR 551 DPI17 v Minister for Home Affairs [2019] FCAFC 43; (2019) 269 FCR 134 Minister for Immigration and Border Protection v CLV16 [2018] FCAFC 80; (2018) 260 FCR 482 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; (2017) 253 FCR 475 Minister for Immigration and Border Protection v DZU16 [2018] FCAFC 32; (2018) 253 FCR 526 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217
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