CTP20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1401

Federal Court of Australia

CTP20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1401 Appeal from: Federal Circuit Court of Australia

File number: QUD 181 of 2020

Judgment of: RANGIAH J

Date of judgment: 30 September 2020

Catchwords: MIGRATION – appeal from the Federal Circuit Court – where the appellant was a "fast track applicant" before the Immigration Assessment Authority – where the appellant produced new information – exception to the prohibition on considering new information – application of s 473DD of the Migration Act 1958 (Cth) – exceptional circumstances – whether the Authority was required to have regard to, and decide, the matters contained in s 473DD(b)(ii) in assessing whether exceptional circumstances existed – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 473DC and 473DD

Cases cited: AGK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 668 AQU17 v Minister for Immigration and Border Protection (2018) 162 ALD 442 BLR17 v Minister for Immigration and Border Protection [2019] FCA 2167 BVZ16 v Minister for Immigration and Border Protection (2017) 254 FCR 221 CAQ17 v Minister for Immigration and Border Protection [2019] FCAFC 203 CHF16 v Minister for Immigration and Border Protection [2017] FCAFC 192 CVS16 v Minister for Immigration and Border Protection [2018] FCA 951 CVV16 v Minister for Home Affairs [2019] FCA 1890 DLB17 v Minister for Home Affairs [2018] FCAFC 230 Minister for Immigration and Border Protection v AUS17 [2019] FCA 1686 Minister for Immigration and Border Protection v BBS16 (2017) 257 FCR 111 Minister for Immigration and Border Protection v CQW17 (2018) 264 FCR 249 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 R v Kelly [2000] 1 QB 198