Federal Court of Australia
Federal Court of Australia
BWE17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1087 Appeal from: BWE17 v Minister for Immigration & Anor [2020] FCCA 1350
File number: WAD 152 of 2020
Judgment of: MCKERRACHER J
Date of judgment: 9 September 2021
Catchwords: MIGRATION – protection visa – appeal from decision of Federal Circuit Court dismissing application for judicial review of a decision of the Immigration Assessment Authority – whether the Authority correctly applied s 473DD(b) of the Migration Act 1958 (Cth) when considering new information provided by the appellant – AUS17 v Minister for Immigration and Border Protection [2020] HCA 37 applied MIGRATION – protection visa – error established with respect to the Authority's assessment of new information under s 473DD – materiality – whether the Authority could realistically have reached a different decision had the error not been made
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 473DD, 473DD(a), 473DD(b), 473DD(b)(i), 473DD(b)(ii)
Cases cited: AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; (2020) 94 ALJR 1007 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 95 ALJR 441 PQSM v Minister for Home Affairs [2020] FCAFC 125; (2020) 279 FCR 175
Division: General Division
Registry: Western Australia
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