CGS18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1196

Federal Court of Australia

CGS18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1196 Appeal from: CGS18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2020] FCCA 889

File number: NSD 517 of 2020

Judgment of: NICHOLAS J

Date of judgment: 7 October 2021

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Immigration Assessment Authority – whether the Authority evaluated three documents containing new information provided to it by the appellant against the criteria in s 473DD(b)(ii) of the Migration Act 1958 (Cth) in assessing whether exceptional circumstances existed to consider the information under s 473DD(a) – whether the Authority's decision that exceptional circumstances did not exist in relation to the three documents was legally unreasonable Held: Authority erred by not considering s 473DD(b)(ii) in relation to one of the documents – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 473DB, 473DC, 473DD

Cases cited: AUS17 v Minister for Immigration and Border Protection (2020) 384 ALR 196 BVD17 v Minister for Immigration and Border Protection (2019) 268 CLR 29 Minister for Immigration and Border Protection v BBS16 (2017) 257 FCR 111 Minister for Immigration and Border Protection v CLV16 (2018) 260 FCR 482 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 (2020) 171 ALD 477 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 Re Minister for Immigration and Multicultural Affairs; Ex parte S20/2002 (2003) 77 ALJR 1165