DBO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1218

Federal Court of Australia

DBO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1218 Appeal from: DBO19 v Minister for Immigration & ANOR [2021] FCCA 795

File number(s): VID 272 of 2021

Judgment of: ANDERSON J

Date of judgment: 8 October 2021

Catchwords: MIGRATION - appeal from the Federal Circuit Court of Australia – whether the decision affected by jurisdictional error for misapplication of s 473DD of the Migration Act in respect of certain "new information" – where the "new information" does not meet the threshold for materiality – whether there was a failure to consider claims advanced by the Appellant – appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: AAZ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 407 APH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 23 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; (2020) 94 ALJR 1007 CLS15 v Federal Circuit Court of Australia [2017] FCA 577 CLV16 v Minister for Immigration and Border Protection [2018] FCAFC 80; 260 FCR 482 1 DQS19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 675 per Middleton J at [24] and [33]. DUP16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1063 FMA17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 456 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 MZAPC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] HCA 17; 95 ALJR 441 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 XMBQ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2134