Federal Court of Australia
Federal Court of Australia
AYT18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 597 Appeal from: AYT18 v Minister for Immigration & Anor [2020] FCCA 2646
File number: VID 696 of 2020
Judgment of: MOSHINSKY J
Date of judgment: 4 June 2021
Catchwords: MIGRATION – protection visa – fast-track review process – where first appellant claimed to fear harm on return to Lebanon on the basis of actual and imputed political opinion – where delegate rejected application for a protection visa – where the application was referred to the Immigration Assessment Authority – where the Authority made adverse credibility findings against the first appellant including on the basis that he had deliberately provided a false document – where the delegate had not made any comparable finding – where falsity or otherwise of that document had not been in issue before the delegate – whether the primary judge erred in failing to find that the Authority fell into jurisdictional error by unreasonably failing to consider exercising its power, or unreasonably failing to get new information, under s 473DC of the Migration Act 1958 (Cth) – appeal allowed
Legislation: Migration Act 1958 (Cth), ss 65, 473DC
Cases cited: ABT17 v Minister for Immigration and Border Protection (2020) 383 ALR 407 Applicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 221 CLR 1 ASB17 v Minister for Home Affairs (2019) 268 FCR 271 BJO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 189 BVD17 v Minister for Immigration and Border Protection (2019) 373 ALR 196 DGZ16 v Minister for Immigration and Border Protection (2018) 258 FCR 551 DPI17 v Minister for Home Affairs (2019) 269 FCR 134 DYK16 v Minister for Immigration and Border Protection (2018) 267 FCR 69 Minister for Immigration and Border Protection v CRY16 (2017) 253 FCR 475 Minister for Immigration and Border Protection v DZU16 (2018) 253 FCR 526 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AWT19 [2021] FCAFC 58 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82
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