ENP19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 220

Federal Court of Australia

ENP19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 220 Appeal from: ENP19 v Minister for Immigration & Anor [2020] FCCA 1216

File number: NSD 746 of 2020

Judgment of: SNADEN J

Date of judgment: 16 March 2021

Catchwords: MIGRATION – application for an extension of time and leave to appeal a decision of the Federal Circuit Court of Australia – where primary judge dismissed the appellant's application for review of the Immigration Assessment Authority's (Authority's) decision – where the Authority affirmed a decision of the first respondent's delegate to refuse the appellant's safe haven enterprise visa application – where the Authority has discretion to receive and consider new information – whether the primary judge erred in failing to find the Authority's findings were legally unreasonable –whether the primary judge erred in failing to find the Authority failed to complete the exercise of its statutory task – whether the Authority's decision was a product of jurisdiction error – extension of time granted – appeal dismissed

Legislation: Migration Act 1958 (Cth) – pt 7AA – ss 36, 473CA, 473CB, 473CC, 473DA, 473DB, 473DC, 473DD and 476 Federal Court Rules 2011 (Cth)

Cases cited: ENP19 v Minister for Immigration & Anor [2020] FCCA 1216 Jess v Scott (1986) 12 FCR 187 Maan v Minister for Immigration and Citizenship (2009) 179 FCR 581 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 SZQXE v Minister for Immigration and Citizenship [2012] FCA 1292