EWQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 778

Federal Court of Australia

EWQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 778 Appeal from: EWQ17 v Minister for Immigration and Border Protection [2019] FCCA 3439

File number: WAD 630 of 2019

Judgment of: BANKS-SMITH J

Date of judgment: 8 July 2021

Catchwords: MIGRATION - appeal from decision of the Federal Circuit Court dismissing appellant's application for judicial review - where Immigration Assessment Authority (Authority) affirmed delegate's decision not to grant applicant a Safe Haven Enterprise visa - whether the Secretary of Department failed to comply with s 473CB of the Migration Act 1958 (Cth) by failing to provide material to Authority such that Authority prevented from conducting its review under Part 7AA of the Migration Act - where apparent that materials were provided to the Authority - where no evidence that relevant material was not provided MIGRATION - where notification to Authority by Secretary that s 473GB of the Migration Act applied to documents - where subject matter of documents discussed at interview with delegate - where accepted that Authority considered documents - where fact of notification not disclosed to appellant - whether Authority failed to consider discretion to disclose documents to appellant - where documents related only to alternative finding - materiality of information in documents

Legislation: Migration Act 1958 (Cth) ss 5J, 5H, 36, 46A, 48A, 48B, 473BG, 473CA, 473CB, 473DA, 473DB, 473DC, 473DD, 473GA, 473GB, Part 7AA

Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 AUF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 222; (2019) 274 FCR 82 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 268 CLR 29 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; (2019) 268 CLR 76 Cristovao v Registrar Caporele [2012] FCA 1329 DJU20 v Minister for Immigration and Border Protection [2019] FCA 2220 EVS17 v Minister for Immigration and Border Protection [2019] FCAFC 20; (2019) 268 FCR 299 FPK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 723 Gamage v Minister for Immigration and Citizenship [2009] FCA 1373 Minister for Immigration and Border Protection v CED16 [2020] HCA 24 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; (2011) 241 CLR 594 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Nepal v Minister for Immigration and Border Protection [2015] FCA 366 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217 Ridout Nominees Pty Ltd v Commonwealth Bank of Australia [2003] WASCA 158 Smith v The Queen (1985) 159 CLR 532