Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ATU19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1165 Appeal from: ATU19 v Minister for Home Affairs & Anor [2019] FCCA 3042
File number: QUD 726 of 2019
Judge: LOGAN J
Date of judgment: 25 June 2020
Catchwords: MIGRATION – fast track review – where adverse Safe Haven Enterprise visa decision automatically referred to Immigration Assessment Authority (Authority) – whether the Authority's decision was affected by a jurisdictional error of illogicality or irrationality – whether a mistake of fact made by the Authority was material
Legislation: Migration Act 1958 (Cth) ss 65, 473CB
Cases cited: ATU19 v Minister for Home Affairs & Anor [2019] FCCA 3042 CED15 v Minister for Immigration and Border Protection [2018] FCA 451 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123. Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Public Service Board (NSW) v Osmond (1986) 159 CLR 656 SZLGP v Minister for Immigration and Citizenship (2009) 181 FCR 113 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593
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