Federal Court of Australia
Federal Court of Australia
EBP19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 332 Appeal from: EBP19 v Minister for Immigration [2020] FCCA 1392
File number: SAD 97 of 2020
Judgment of: WHITE J
Date of judgment: 8 April 2021
Catchwords: MIGRATION – appeal from the Federal Circuit Court – review of a decision of the Immigration Assessment Authority – refusal to consider new information under s 473DD of the Migration Act 1958 (Cth) – whether jurisdictional error in failure to consider s 473DD(b)(i) of the Act – whether consideration of s 473DD(b)(ii) of the Act affected by jurisdictional error – appeal allowed.
Legislation: Migration Act 1958 (Cth) ss 5H-5L, 36(2), 65, 473CA, 473DB, 473DC, 473DD, 473EA
Cases cited: ALJ18 v Minister for Home Affairs [2020] FCA 491 APH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 23 AQU17 v Minister for Immigration and Border Protection [2018] FCAFC 111; (2018) 162 ALD 442 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; (2020) 384 ALR 196 Baker v Minister for Immigration and Citizenship [2012] FCAFC 145 BDY18 v Minister for Immigration and Border Protection [2020] FCAFC 24; (2020) 273 FCR 170 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 373 ALR 196 BYA17 v Minister for Immigration [2018] FCCA 865 BYA17 v Minister for Immigration and Border Protection [2019] FCAFC 44; (2019) 269 FCR 94 CAQ17 v Minister for Immigration and Border Protection [2019] FCAFC 203 CHF16 v Minister for Immigration and Border Protection [2017] FCAFC 192; (2017) 257 FCR 148 CPP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 199 CSR16 v Minister for Immigration and Border Protection [2018] FCA 474 DYS16 v Minister for Immigration and Border Protection [2018] FCAFC 33, (2018) 260 FCR 260 EBP19 v Minister for Immigration [2020] FCCA 1392 Hossain v Minister for Immigration and Border Protection [2018] HCA 33; (2018) 264 CLR 123 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176, (2017) 257 FCR 111 Minister for Immigration and Border Protection v CLV16 [2018] FCAFC 80; (2018) 260 FCR 482 Minister for Immigration and Border Protection v CQW17 [2018] FCAFC 110, (2018) 264 FCR 249 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 [2020] FCAFC 159 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217 Waterways Authority v Fitzgibbon [2005] HCA 57; (2005) 221 ALR 402
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