EOT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 741

Federal Court of Australia

EOT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 741 Appeal from: EOT17 v Minister for Immigration & Anor [2020] FCCA 2282

File number: QUD 292 of 2020

Judgment of: LOGAN J

Date of judgment: 31 May 2021

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia to dismiss judicial review application – where Immigration Assessment Authority had affirmed decision of delegate of the Minister to refuse to grant the appellant a Safe Haven Enterprise visa – whether the Authority erred by failing to consider a submission of the appellant – where the Authority considered the submission to be speculation and conjecture – whether the Authority erred in failing to exercise the power in s 473DC of the Migration Act 1958 (Cth) to request further information – where Minister for Immigration and Border Protection v CRY16 (2017) 253 FCR 475 not distinguishable – where error not material – whether the Authority misconstrued the appellant's claims – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 473DC

Cases cited: AAL19 v Minister for Home Affairs (2020) 277 FCR 393 DGZ16 v Minister for Immigration and Border Protection (2018) 258 FCR 551 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 EOT17 v Minister for Immigration & Anor [2020] FCCA 2282 Minister for Immigration and Border Protection v CRY16 (2017) 253 FCR 475 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Stead v State Government Insurance Commission (1986) 161 CLR 141 Minister for Immigration and Ethnic Affair v Wu Shan Liang (1996) 185 CLR 259