Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BIK17 v Minister for Home Affairs [2020] FCA 1086 Appeal from: BIK17 v Minister for Immigration and Border Protection [2018] FCCA 2713
File number: NSD 1531 of 2018
Judge: FOSTER J
Date of judgment: 29 July 2020
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – whether the appellant should be given leave to raise and rely upon two fresh grounds of appeal not argued at first instance in the Circuit Court – whether a certificate issued by a delegate of the Minister pursuant to s 473GB(5) of the Migration Act 1958 (Cth) is valid or invalid – the consequences of a finding that such certificate is invalid discussed – whether the Immigration Assessment Authority failed to exercise discretions reposed in it under s 473GB(3) or did so unreasonably – whether the Authority failed to exercise its discretion under s 473DC(3) – whether the Authority misconstrued s 473DD – whether the Authority misapplied s 473DD in relation to a submission made to it on behalf of the appellant/referred visa applicant by characterising certain material in that submission as "new information" and dealing with that material upon the basis that regard should not be had to that material unless exceptional circumstances are shown which justify consideration of that new material and by characterising certain other material in that submission as "submission" or "argument" thereby having regard to that material without the need to be satisfied that exceptional circumstances exist
Legislation: Migration Act 1958 (Cth), ss 5, 5H(1), 36(2), 57, 65, 422B, 473CB, 473DA, 473DB, 473DC, 473DD, 473DE, 473GB, Pt 7 and Pt 7AA
Cases cited: BVD17 v Minister for Immigration and Border Protection (2019) 373 ALR 196 DKF17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1963 Hossain v Minister for Immigration and Border Protection (2019) 264 CLR 123 Minister for Immigration and Border Protection v BBS16 (2017) 257 FCR 111 Minister for Immigration and Border Protection v CED16 [2020] HCA 24 Minister for Immigration and Border Protection v CLV16 (2018) 260 FCR 482 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 MZAFZ v Minister for Immigration and Border Protection (2016) 243 FCR 1 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217
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