CZC19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1083

Federal Court of Australia

CZC19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1083 Appeal from: CZC19 v Minister for Immigration & Anor [2020] FCCA 1105

File number: NSD 623 of 2020

Judgment of: YATES J

Date of judgment: 10 September 2021

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – application for judicial review of Immigration Assessment Authority affirming decision of a delegate of the Minister not to grant the appellant a protection visa – whether certain information provided to the Authority was "new information" under s 473DC(1) of the Migration Act 1958 (Cth) – whether information provided to the Authority was "before the Minister"

Legislation: Migration Act 1958 (Cth) ss 5AAA, 57, 65, 473CB, 473DC, 473DD

Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; 383 ALR 407 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; 384 ALR 196 AWL18 v Minister for Home Affairs [2021] FCA 235 BDR18 v The Minister for Home Affairs [2020] FCA 212 BDY18 v Minister for Immigration and Border Protection [2020] FCAFC 24; 273 FCR 170 BRH18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 74 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; 268 CLR 76 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AWT19 [2021] FCAFC 58 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590