EBE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 353

Federal Court of Australia

EBE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 353 Appeal from: EBE18 v Minister for Immigration and Anor [2020] FCCA 1554

File number: NSD 979 of 2020

Judgment of: NICHOLAS J

Date of judgment: 15 April 2021

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court ("the FCC") dismissing an application for judicial review of a decision of the Immigration Assessment Authority – whether Authority's decision under s 473DC of the Migration Act 1958 (Cth) was legally unreasonable – where appellant had relied on four affidavits in earlier proceeding before the FCC concerning a prior decision of a differently constituted Authority – whether Authority should have exercised discretion to get affidavits or other information from appellant – whether FCC erred in holding that decision not legally unreasonable – no error demonstrated – appeal dismissed

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

Cases cited: BVD17 v Minister for Immigration and Border Protection (2019) 373 ALR 196 BVZ16 v Minister for Immigration and Border Protection and Anor (2017) 254 FCR 221 Minister for Immigration and Border Protection v CRY16 and Anor (2018) 253 FCR 475 Minister for Immigration and Border Protection v DZU16 and Anor (2018) 253 FCR 526 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611