APH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 23

Federal Court of Australia

APH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 23 Appeal from: APH17 v Minister for Immigration & Anor [2019] FCCA 3286

File number: WAD 577 of 2019

Judgment of: MARKOVIC J

Date of judgment: 27 January 2021

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – where the Immigration Assessment Authority affirmed the decision of a delegate of the Minister not to grant the appellant a protection visa – whether the failure to exercise or to consider exercising the power under s 473DC of the Migration Act 1958 (Cth) to get up-to-date country information was unreasonable – whether failure was material – appeal dismissed

Legislation: Migration Act 1958 (Cth), ss 473DC, 473DD

Cases cited: AUS17 v Minister of Immigration and Border Protection [2020] HCA 37 BCQ16 v Minister for Immigration and Border Protection [2018] FCA 365 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 373 ALR 196 CCQ17 v Minister for Immigration and Border Protection [2018] FCA 1641 DPI17 v Minister for Home Affairs (2019) 269 FCR 134 EVS17 v Minister for Immigration and Border Protection (2019) 268 FCR 299 Hossain v Minister for Immigration and Border Protection [2018] HCA 34 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 SZJTQ v Minister for Immigration and Citizenship (2008) 172 FCR 563