CPP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 199

Federal Court of Australia

CPP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 199 Appeal from: CPP17 & Anor v Minister for Immigration & Anor [2019] FCCA 3593

File number: SAD 255 of 2019

Judgment of: BESANKO J

Date of judgment: 11 March 2021

Catchwords: MIGRATION — appeal from an order made by the Federal Circuit Court of Australia dismissing the appellants' application for judicial review of a decision of the Immigration Assessment Authority under Part 7AA of the Migration Act 1958 (Cth) — where the Authority affirmed a decision of a delegate of the Minister for Immigration and Border Protection to refuse to grant protection visas to the appellants — whether the appellants made a claim based on past domestic violence that there was a real risk of significant harm to the first appellant in the future — whether the Authority addressed such a claim — whether it was legally unreasonable for the Authority not to consider and exercise the power in s 473DC of the Migration Act to get new information from the first appellant — whether the Authority erred in its application of s 473DD of the Migration Act to new information regarding the mental health of the second appellant — appeal allowed

Legislation: Migration Act 1958 (Cth) ss 5AAA, 5J, 36, 57, 473CA, 473CB, 473CC, 473DA, 473DB, 473DC, 473DD, 473GA, 473GB

Cases cited: ABAR15 v Minister for Immigration and Border Protection (No 2) [2016] FCA 721; (2016) 242 FCR 11 ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; (2020) 383 ALR 407 Attorney-General (NSW) v Quin [1990] HCA 21; (1990) 170 CLR 1 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; (2020) 384 ALR 196 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 AZAAR v Minister for Immigration and Citizenship [2009] FCA 912; (2009) 111 ALD 390 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 373 ALR 196 Chan Yee Kin v Minister for Immigration and Ethnic Affairs [1989] HCA 62; (1989) 169 CLR 379 CPP17 v Minister for Immigration and Border Protection [2020] FCA 1097 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; (2018) 258 FCR 551 DPI17 v Minister for Home Affairs [2019] FCAFC 43; (2019) 269 FCR 134 FSG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 29; (2020) 274 FCR 456 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Minister v Immigration and Border Protection v CRY16 [2017] FCAFC 210; (2017) 253 FCR 475 Minister for Immigration and Border Protection v DZU16 [2018] FCAFC 32; (2018) 253 FCR 526 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2018) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33; (2013) 210 FCR 505 Minister for Immigration and Multicultural Affairs v Al-Miahi [2001] FCA 744; (2001) 65 ALD 141 Minister for Immigration and Multicultural Affairs v Khawar [2002] HCA 14; (2002) 210 CLR 1 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; (2004) 207 ALR 12 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588