AAZ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 407

Federal Court of Australia

AAZ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 407 Appeal from: AAZ19 v Minister for Immigration & Anor [2020] FCCA 1346

File number: QUD 191 of 2020

Judgment of: ALLSOP CJ

Date of judgment: 28 April 2021

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – where primary judge dismissed judicial review application of decision by Immigration Assessment Authority (IAA) – where IAA affirmed decision to refuse a protection visa – where delegate was shown scarring to appellant's body during interview – where appellant provided photographs of scarring to the IAA – whether photographs were new information under s 473DC of the Migration Act 1958 (Cth) – whether failure to consider photographs was material – where IAA made factual error concerning purpose of police report obtained by appellant – whether error was material – appeal dismissed

Legislation: Migration Act 1958 (Cth) Part 7AA, ss 473BA, 473CB, 473DB, 473FA, 473DC, 473DD

Cases cited: ABJ17 v Minister for Immigration and Border Protection [2018] FCA 950; 260 FCR 295 ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; 383 ALR 407 ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174; 250 FCR 109 Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132; 271 FCR 595 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; 384 ALR 196 BJK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 171; 272 FCR 15 BVC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 565 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; 373 ALR 196 CGA15 v Minister for Home Affairs [2019] FCAFC 46; 268 FCR 362 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; 375 ALR 47 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; 253 FCR 496 DFS16 v Minister for Home Affairs [2019] FCA 944; 166 ALD 410 DVO16 v Minister for Immigration and Border Protection [2021] HCA 12 ELQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 27 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; 267 FCR 628 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Minister for Home Affairs v DUA16 [2020] HCA 46; 385 ALR 212 Minister for Immigration and Border Protection v CED16 [2020] HCA 24; 380 ALR 216 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516; 69 AAR 210 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AWT19 [2021] FCAFC 58 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 264 CLR 217 SFGB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 231; 77 ALD 402 SZQYM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 779 SZTFQ v Minister for Immigration and Border Protection [2017] FCA 562