APP18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1449

FEDERAL COURT OF AUSTRALIA

APP18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1449 Appeal from: APP18 v Minister for Home Affairs & Anor [2019] FCCA 3401

File number: SAD 252 of 2019

Judge: CHARLESWORTH J

Date of judgment: 9 October 2020

Catchwords: MIGRATION – where the Immigration Assessment Authority conducted a review of a decision to refuse to grant a visa in the exercise of its powers under Pt 7AA of the Migration Act 1958 (Cth) – where the Authority identified inconsistences between two statements relied upon by the referred applicant before the original decision-maker – where the original decision-maker did not refer to one of the statements in its decision – whether the Authority failed to consider the exercise of its discretionary power to seek an explanation from the visa applicant for the inconsistencies – whether any such failure was in error – whether any such error would properly be characterised as jurisdictional

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36, 54, 55, 56, 57, 65, 424A, 473CA, 473CB, 473DA, 473DB, 473DC, 473DD, 473DE, 473DF, 473FA, 474

Cases cited: APP18 v Minister for Home Affairs & Anor [2019] FCCA 3401 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; 373 ALR 196 DPI17 v Minister for Home Affairs (2019) 269 FCR 134 FSG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 29 Minister for Immigration and Border Protection v CRY16 (2017) 253 FCR 475 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476