BON17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1851

Federal Court of Australia

BON17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1851 Appeal from: BON17 v Minister for Immigration [2020] FCCA 2058

File number: SAD 118 of 2020

Judgment of: SC DERRINGTON J

Date of judgment: 23 December 2020

Catchwords: MIGRATION - appeal from a judgment of the Federal Circuit Court dismissing application for judicial review of a decision of the Immigration Assessment Authority – where the Authority affirmed a decision of the delegate of the Minister to refuse the appellant's application for a Safe Haven Enterprise visa – consideration of new information pursuant to s 473DD of the Migration Act 1958 (Cth) – whether the Authority failed to assess satisfaction of the criterion in s 473DD(b)(i) and (ii) – whether the Authority failed to take the outcome of that assessment into account when determining if exceptional circumstances existed under s 473DD(a) – whether failure to take account of a mandatory relevant consideration – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 65, 473CC, 473DB, 473DC, 473DD Federal Court Rules 2011 (Cth) r 36.24

Cases cited: AUS17 v Minister of Immigration and Border Protection [2020] HCA 37; (2020) 94 ALJR 1007 CSR16 v Minister for Immigration and Border Protection [2018] FCA 474 Minister for Home Affairs v DUA16 [2020] HCA 46 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 [2020] FCAFC 159