Federal Court of Australia
Federal Court of Australia
CXB20 v Minister for Home Affairs [2020] FCA 1667 Appeal from: Federal Circuit Court of Australia
File number: QUD 190 of 2020
Judgment of: RANGIAH J
Date of judgment: 18 November 2020
Catchwords: MIGRATION – judicial review of decision of Federal Circuit Court dismissing application for review of decision of Immigration Assessment Authority to affirm decision to refuse protection visas – where appellants provided new information after decision was made – whether Authority fell into jurisdictional error when determining if exceptional circumstances existed under s 473DD(a) of the Migration Act 1958 (Cth) – where first appellant claimed a well-founded fear of persecution – whether Authority misapplied s 5J of the Migration Act by failing to consider a clearly advanced argument – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36, 473DC and 473DD Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 AQU17 v Minister for Immigration and Border Protection (2018) 162 ALD 442 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37 BVZ16 v Minister for Immigration and Border Protection (2017) 254 FCR 221 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 CHF16 v Minister for Immigration and Border Protection (2017) 257 FCR 148 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389; [2003] HCA 26 Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1 Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 222 CLR 1 Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 204 CLR 1 MZZJO v Minister for Immigration and Border Protection (2014) 239 FCR 436 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 PS (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 1213 R v Kelly [2000] 1 QB 198 SZTOR v Minister for Immigration and Border Protection [2019] FCA 349
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