CAQ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1

FEDERAL COURT OF AUSTRALIA

CAQ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1 Appeal from: CAQ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 961

File number: WAD 80 of 2020

Judgment of: JACKSON J

Date of judgment: 14 January 2021

Catchwords: MIGRATION - appeal from decision of the Federal Circuit Court - application for judicial review of decision of Immigration Assessment Authority refusing to grant Safe Haven Enterprise Visa - appellants claim that primary judge did not properly consider claims and denied procedural fairness - no denial of procedural fairness apparent on the evidence - alternative claim at hearing that solicitor acting for appellants at first instance failed to put evidence before primary judge - claim not encompassed in grounds of appeal, not supported by evidence - appellants claim that they did not hear interpreter properly and could not engage in the proceedings - claim not supported by evidence - appellants had legal representation before primary judge and so real opportunity to place evidence and submissions before court - appeal dismissed.

Legislation: Migration Act 1958 (Cth) ss 5H(1), 36(2A)

Cases cited: Bajramovic v Calubaquib [2015] NSWCA 139; (2015) 71 MVR 15 Chouman v Margules (1993) 17 MVR 144 Singh v Minister for Immigration and Multicultural Affairs [2001] FCA 1376; (2001) 115 FCR 1 SZRMQ v Minister for Immigration and Border Protection [2013] FCAFC 142; (2013) 219 FCR 212