EPI18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1691

Federal Court of Australia

EPI18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1691 Appeal from: EPI18 & Ors v Minister for Immigration & Anor [2020] FCCA 724

File number: WAD 62 of 2020

Judgment of: KATZMANN J

Date of judgment: 27 November 2020

Catchwords: MIGRATION — appeal based on new grounds — reviewable decision of Immigration Assessment Authority — application for Safe Haven Protection visas — where submissions made to Authority had claimed error in interpretation but no evidence to support them proffered, whether Authority fell into jurisdictional error by imposing a legal burden of proof on applicants — whether reasons of Authority fail to disclose an intelligible or logical basis for rejecting the possibility that first appellant had been misunderstood — where evidence adduced by leave on appeal revealed error in interpretation of certain evidence, whether error in interpretation material and, if so, constitutes jurisdictional error in context of Part 7AA of Migration Act 1958 (Cth)

Legislation: Migration Act 1958 (Cth) ss 5AAA, 36, 473BA, 473CA, 473CB, 473CC(1), 473DA, 473DB, 473DC, 473DD, 476, Part 7AA

Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; 383 ALR 407 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37 Beezley v Repatriation Commission [2015] FCAFC 165; 68 AAR 23; 150 ALD 11 BNB17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 304 BNH16 v Minister for Immigration and Border Protection [2017] FCAFC 109 BZAID v Minister for Immigration and Border Protection (2016) 242 FCR 310 CGA15 v Minister for Home Affairs (2019) 268 FCR 362 Collector of Customs v Pozzolanic (1993) 43 FCR 280 CQG15 v Minister for Immigration (2016) 253 FCR 496 DVO16 v Minister for Immigration and Border Protection (2019) 271 FCR 342 DYS16 v Minister for Immigration and Border Protection (2018) 260 FCR 260 FTZK v Minister for Immigration and Citizenship [2014] HCA 26; 88 ALJR 754; 310 ALR 1 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 McDonald v Director-General of Social Security (1984) 1 FCR 354 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516; 69 AAR 210 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Muggeridge v Minister for Immigration and Border Protection (2017) 255 FCR 81 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 Singh v Minister for Home Affairs [2020] FCAFC 7 Sun v Minister for Immigration and Border Protection (2016) 243 FCR 220