Federal Court of Australia
Federal Court of Australia
EPU19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 986 File number(s): VID 284 of 2021
Judgment of: PERRY J
Date of judgment: 19 August 2021
Catchwords: PRACTICE AND PROCEDURE – application in judicial review proceeding for orders that Minister give discovery and answer interrogatories under rr 20.13 and 21.01 respectively of the Federal Court Rules 2011 (Cth) – where applicant seeks judicial review of the personal exercise of power by Minister under s 501(3) of the Migration Act 1958 (Cth) to refuse to grant a protection visa on character grounds – where applicant alleges that Minister failed to engage in an active intellectual process with respect to material purportedly considered – application granted in part
Legislation: Migration Act 1958 (Cth) ss 35A(6), 36, 65(1), 501 Federal Court Rules 2011 (Cth) rr 20.13, 21.01 Migration Regulations 1994 (Cth) Sch 2 cl 866.225
Cases cited: EWV20 as litigation representative for AFF20 v Minister for Home Affairs [2021] FCA 272
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 27
Date of hearing: 16 August 2021
Counsel for the Applicant: Mr M Guo with Mr J Murphy
Solicitor for the Applicant: Victoria Legal Aid
Counsel for the Respondent: Mr A Solomon-Bridge
Solicitor for the Respondent: Australian Government Solicitor
ORDERS VID 284 of 2021
BETWEEN: EPU19 Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Respondent
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