EAC16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1657

Federal Court of Australia

EAC16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1657 Appeal from: EAC16 v Minister for Immigration & Anor [2020] FCCA 1709

File numbers: VID 491 of 2020

Judgment of: WHEELAHAN J

Date of judgment: 17 November 2020

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court, which dismissed an application for judicial review of a decision of the Immigration Assessment Authority not to grant the appellant a visa – whether the accepted errors made by the Authority in its evaluation of new information for the purposes of s 473DD of the Migration Act 1958 (Cth) were material – realistic possibility of a different outcome found – appeal allowed.

Legislation: Migration Act 1958 (Cth) ss 46A(1), 438, 473CB, 473DB, and 473DD

Cases cited: ABH18 v Minister for Home Affairs [2020] FCA 620 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37 Chamberlain v The Queen (No 2) [1984] HCA 7; 153 CLR 521 Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 66 CSR16 v Minister for Immigration and Border Protection [2018] FCA 474 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 [2020] FCA 1008 Plaintiff M174/2016 v Minister for immigration and Border Protection [2018] HCA 16; 264 CLR 217 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 [2003] HCA 30; 198 ALR 59 Stead v State Government Insurance Commission [1986] HCA 54; 161 CLR 141