Federal Court of Australia
Federal Court of Australia
DLB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 504 Appeal from: DLB19 v Minister for Immigration [2020] FCCA 2273
File number: NSD 995 of 2020
Judgment of: MARKOVIC J
Date of judgment: 14 May 2021
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia dismissing the appellant's application for judicial review – where Immigration Assessment Authority (Authority) affirmed a decision of a delegate of the Minister to refuse a safe haven enterprise visa – whether Authority misunderstood "real chance" test – whether Authority failed to properly consider evidence and submissions relating to appellant's claim – appeal dismissed
Legislation: Migration Act 1958 (Cth)
Cases cited: Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 DLB19 v Minister for Immigration [2020] FCCA 2273 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 204 CLR 1 MZYTS v Minister of Immigration and Citizenship (2013) 230 FCR 431 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 144 FCR 1
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 54
Date of hearing: 9 April 2021
Counsel for the Appellant: Mr A N Silva
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