Federal Court of Australia
Federal Court of Australia
AWL18 v Minister for Home Affairs [2021] FCA 235 Appeal from: AWL18 v Minister for Home Affairs & Anor [2020] FCCA 82
File number: SAD 21 of 2020
Judgment of: BESANKO J
Date of judgment: 22 March 2021
Catchwords: MIGRATION — appeal from an order made by the Federal Circuit Court of Australia dismissing the appellant's 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 a Safe Haven Enterprise visa to the appellant — where the delegate did not refer to the written records of two interviews of the appellant in the decision record — interpretation and application of "before the Minister when the Minister made the decision under section 65" in s 473DC(1)(a) of the Act — whether the written records of the interviews were "before" the delegate when she made her decision — where the electronic document management system's records show that the delegate "extracted" one interview and "extracted" and "viewed" the other interview before making her decision — appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 54, 55, 56, 57, 65, 473CA, 473CB, 473DA, 473DB, 473DC, 473DD, 473DE Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)
Cases cited: Australian Securities and Investments Commission v Hellicar [2012] HCA 17; (2012) 247 CLR 345 BDR18 v Minister for Home Affairs [2020] FCA 212 Blatch v Archer [1774] 1 Cowp 63 CVV16 v Minister for Home Affairs [2019] FCA 1890 DPT17 v Minister for Home Affairs [2019] FCA 872; (2019) 166 ALD 208 DTK17 v Minister for Immigration and Border Protection [2018] FCAFC 170; (2018) 265 FCR 538 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355
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