Federal Court of Australia
Federal Court of Australia
BDJ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1074 Appeal from: BDJ18 v Minister for Immigration [2020] FCCA 1449
File number: NSD 689 of 2020
Judgment of: THAWLEY J
Date of judgment: 7 September 2021
Catchwords: MIGRATION – appeal from Federal Circuit Court orders dismissing application for judicial review of Immigration Assessment Authority decision affirming refusal of appellant's Safe Haven Enterprise Visa application – whether primary judge erred in not finding that the Immigration Assessment Authority committed jurisdictional error by failing to consider the appellant's claim to fear harm from paramilitaries in Sri Lanka – whether primary judge erred in not finding that the Immigration Assessment Authority's failure to exercise discretion under s 473DC(3) of the Migration Act 1958 (Cth) to invite the appellant to give new information was legally unreasonable – no error established – appeal dismissed with costs
Legislation: Migration Act 1958 (Cth) ss 5H(1), 36, 473DC(3), 476
Cases cited: Abebe v the Commonwealth of Australia (1999) 197 CLR 51 ABT17 v Minister for Immigration and Border Protection (2020) 383 ALR 407 BDJ18 v Minister for Immigration [2020] FCCA 1449 BIL18 v Minister for Home Affairs [2020] FCA 1367 BJK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2019) 272 FCR 15 BVD17 v Minister for Immigration and Border Protection (2019) 268 CLR 29 DGZ16 v Minister for Immigration and Border Protection (2018) 258 FCR 551 DPI17 v Minister for Home Affairs (2019) 269 FCR 134 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Border Protection v CRY16 (2017) 253 FCR 475 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 Tsvetnenko v United States of America (2019) 269 FCR 225 WAEE v Minister for Immigration and Multicultural And Indigenous Affairs (2003) 236 FCR 593
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