Federal Court of Australia
Federal Court of Australia
AGC17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1572 Appeal from: AGC17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 887
File number: NSD 501 of 2020
Judgment of: THAWLEY J
Date of judgment: 14 December 2021
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court dismissing application for judicial review of a decision of the Immigration Assessment Authority to affirm the decision of a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a safe haven enterprise visa – Immigration Assessment Authority's consideration of perceived inconsistencies between written statement and safe haven enterprise visa interview – where Immigration Assessment Authority did not consider account given during entry interview in concluding appellant's evidence inconsistent – possibility of different outcome – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 36, 65(1), 473BA, 473DB, 473GB
Cases cited: Applicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 221 CLR 1; [2004] HCA 62 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593; [2003] FCAFC 184 ASB17 v Minister for Home Affairs (2019) 268 FCR 271; [2019] FCAFC 38 AVQ15 v Minister for Immigration and Border Protection (2018) 266 FCR 83; [2018] FCAFC 133 AXR16 v Minister for Immigration and Border Protection (2019) 163 ALD 296; [2019] FCA 42 CGA15 v Minister for Home Affairs (2019) 268 FCR 362; [2019] FCAFC 46 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431; [2013] FCAFC 114 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 MZAPC v Minister for Immigration and Border Protection (2021) 390 ALR 590; [2021] HCA 17 Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57 SLGB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 262 SZTFQ v Minister for Immigration and Border Protection [2017] FCA 562 VBAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 965 W375/01A v Minister for Immigration and Multicultural Affairs (2002) 67 ALD 757; [2002] FCA 379
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