FMA17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 456

Federal Court of Australia

FMA17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 456 Appeal from: FMA17 v Minister for Home Affairs & Anor [2019] FCCA 1461

File number(s): VID 673 of 2019

Judgment of: KENNY J

Date of judgment: 5 May 2021

Catchwords: MIGRATION – appeal from judgment of Federal Circuit Court dismissing application for judicial review of a decision of the Immigration Assessment Authority (IAA) –IAA held s 473DD(a), (b)(i) and (b)(ii) not satisfied – IAA did not consider "new information" – no failure to consider relevant considerations – no denial of procedural fairness – no jurisdictional error in interpreting or applying s 473DD – no failure to exercise power under s 473DC lawfully – no legal unreasonableness in not getting new information under s 473DC or otherwise – appeal dismissed

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

Cases cited: APH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 23 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; 384 ALR 196 AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89; 261 FCR 503 BRZ17 v Minister for Immigration and Border Protection [2019] FCA 677 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; 373 ALR 196 BXT17 v Minister for Home Affairs [2021] FCAFC 9 DBE16 v Minister for Immigration and Protection [2017] FCA 942 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; 258 FCR 551 DPI17 v Minister for Home Affairs [2019] FCAFC 43; 269 FCR 134 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 83 ALJR 1123; 259 ALR 429 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 264 CLR 217