EGW17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1177

Federal Court of Australia

EGW17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1177 Appeal from: EGW17 v Minister for Immigration and Border Protection [2019] FCCA 653

File number(s): SAD 70 of 2019

Judgment of: FARRELL J

Date of judgment: 29 September 2021

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – where primary judge dismissed an application for judicial review of a decision of the Immigration Assessment Authority to affirm a decision of a delegate of the Minister not to grant the appellant a Safe Haven Enterprise visa (subclass XE-790) – where the Authority's decision record states that it was satisfied that expert reports provided to it by the appellant concerning the risk to Shia/Hazaras in Afghanistan constituted "new information" which could be considered under the criteria in s 473DD of the Migration Act 1958 (Cth) but did not otherwise expressly refer to the expert reports – where a new DFAT country report on Afghanistan prepared for the assessment of protection visas was issued in September 2016 before the delegate made his decision – where Minister acknowledges that the September 2016 DFAT report was not before either the delegate or the Authority –where the gravamen of the September 2016 DFAT report was disclosed in the expert reports and appellant's submissions filed with the Authority – where the Authority expressly relied on the DFAT country report issued in February 2016 and other country information, including some referenced in submissions to the Authority – whether the Authority failed to consider or engage adequately with the expert reports resulting in a failure to give proper active consideration to those reports or conduct the review or the Authority made a decision which was illogical, irrational or legally unreasonable – whether the Authority unreasonably failed to consider getting the September 2016 DFAT report – appeal dismissed