Federal Court of Australia
Federal Court of Australia
DRY16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1465 Appeal from: DRY16 v Minister for Immigration & Anor [2019] FCCA 3484
File numbers: NSD 2182 of 2019
Judgment of: LOGAN J
Date of judgment: 15 September 2020
Catchwords: MIGRATION – where appellant was issued a notice of intention to consider cancelling visa – where delegate decided to cancel visa on the basis of falsehoods –whether error in Administrative Appeals Tribunal (Tribunal) failing to obtain and/or consider an Independent Protection Assessment (IPA) or the IPA record of interview – whether Tribunal's decision was invalid because the Secretary failed to provide documents to the Tribunal in accordance with s 418(3) of the Migration Act 1958 (Cth) (the Act) – whether error in Tribunal's failure to direct itself correctly when forming a state of satisfaction – whether error in Tribunal's failure to address an integer of the appellant's case
Legislation: Freedom of Information Act 1982 (Cth) Migration Act 1958 (Cth) ss 107, 109, 418, 420
Cases cited: Ashraf v Minister for Immigration and Border Protection (2018) 261 FCR 97 Briginshaw v Briginshaw (1938) 60 CLR 336 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 DRY16 v Minister for Immigration & Anor [2019] FCCA 3484 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NBDY v Minister for Immigration & Multicultural Affairs [2006] FCAFC 145 Sullivan v Civil Aviation Safety Authority (2014) 226 FCR 555 Sun v Minister for Immigration and Border Protection (2016) 243 FCR 220 SZOIN v Minister for Immigration and Citizenship (2011) 191 FCR 123 WAGP v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 151 FCR 413
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