Federal Court of Australia
Federal Court of Australia
GOS18 v Minister for Immigration Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 662 Appeal from: GOS18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2020] FCCA 2694
File number(s): WAD 241 of 2020
Judgment of: JAGOT J
Date of judgment: 21 June 2021
Catchwords: MIGRATION – alleged failure of Immigration Assessment Authority (IAA) to consider s 473DD(b)(ii) of the Migration Act 1958 (Cth) (the Act) in considering whether to admit new information into review – whether IAA decision affected by illogicality, irrationality or legal unreasonableness for finding appellant could reasonably be expected to know details of her husband's claims – whether IAA decision affected by legal unreasonableness for failure to consider whether to get, or failure to get, files of appellant's husband and son under s 473DC(1) of the Act – whether IAA decision affected by unreasonable or illogical findings regarding appellant's credibility and claims or failure to give proper consideration to such claims – appeal allowed PRACTICE AND PROCEDURE – where appellant proposes to raise three new grounds of appeal – whether it is in the interests of justice to allow appellant to raise new grounds of appeal – leave granted to raise new ground regarding consideration of s 473DD(b)(ii) of the Act
Legislation: Migration Act 1958 (Cth), ss 5H(1), 36(2), 91WB, 473DC, 473DD Migration Regulations 1994 (Cth), r 2.08(1)
Cases cited: AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; (2020) 384 ALR 196 BXT17 v Minister for Home Affairs [2021] FCAFC 9 CSR16 v Minister for Immigration and Border Protection [2018] FCA 474 EAT17 v Minister for Home Affairs [2021] FCA 68 GOS18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2020] FCCA 2694 Han v Minister for Home Affairs [2019] FCA 331 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 [2020] FCAFC 159 SZUYG v Minister for Immigration and Border Protection [2019] FCA 2040
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate