EAI16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 506

Federal Court of Australia

EAI16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 506 Appeal from: EAI16 v Minister for Immigration & Anor [2020] FCCA 397

File number: NSD 302 of 2020

Judgment of: KATZMANN J

Date of judgment: 14 May 2021

Catchwords: MIGRATION — appeal — application for judicial review of decision of Immigration Assessment Authority to affirm decision of Minister's delegate to refuse to grant appellant a Safe Haven Enterprise Visa — whether primary judge erred by finding Authority did not fail to comply with s 473DE of the Migration Act 1958 (Cth) — whether statement made by appellant in support of invalid protection visa application to which Authority referred but which was not mentioned by delegate was "new information" — whether statement was "before" delegate when decision made — if so, whether Authority erred by failing to give statement to appellant — whether primary judge erred by finding Authority not required to consider alleged claim arising from something said by appellant to delegate in interview — whether alleged claim was a substantial, clearly articulated one

Legislation: Migration Act 1958 (Cth) ss 5AA, 5H, 46A, 57, 65, 91K, 360, 424A, 425, 473BB, 473CA, 473CB, 473CC, 473DA, 473DB, 473DC, 473DD, 473DE, 473FA, 473GA, 473GB, 496 Acts Interpretation Act 1901 (Cth) ss 15AA, 34AB

Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; 94 ALJR 928; 383 ALR 407 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; 384 ALR 196 BWO18 v Minister for Home Affairs [2020] FCA 329 DTK17 v Minister for Immigration and Border Protection (2018) 265 FCR 538 Hossein v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Border Protection v SZMTA (2019) 264 CLR 421 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) (2004) 144 FCR 1 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 Project Blue Sky Inc v Australian Broadcasting Authority (1988) 194 CLR 355 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; 235 ALR 609 SZJBD v Minister for Immigration and Citizenship (2009) 179 FCR 109 Minister for Immigration and Citizenship v SZLFX (2009) 238 CLR 507 SZTGV v Minister for Immigration and Border Protection (2015) 229 FCR 90 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593