Federal Court of Australia
Federal Court of Australia
AOK19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 822 Appeal from: AOK19 v Minister for Immigration & Anor [2020] FCCA 2579
File number: SAD 149 of 2020
Judgment of: CHARLESWORTH J
Date of judgment: 21 July 2021
Catchwords: MIGRATION – appeal from order dismissing an application for judicial review of a decision of the Immigration Assessment Authority – Authority failing to have regard to information contained in documents provided to it – Authority mischaracterising the information as "new information" for the purposes of s 473DD of the Migration Act 1958 (Cth) – primary judge erroneously concluding the Authority's error was immaterial – erroneous conflation of claims based on perceived political opinion with claims based on actual political opinion
Legislation: Migration Act 1958 (Cth) ss 5H, 36, 65, 473DC, 473DD, 474
Cases cited: AOK19 v Minister for Immigration & Anor [2020] FCCA 2579 CAQ17 v Minister for Immigration and Border Protection (2019) 274 FCR 477 CVK v Minister for Immigration and Border Protection (2017) 257 FCR 297 Minister for Immigration and Border Protection v CLV16 (2018) 260 FCR 482 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476
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