BQQ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 268

Federal Court of Australia

BQQ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 268 Appeal from: BQQ19 & Ors v Minister for Immigration & Anor [2020] FCCA 1653

File number: WAD 189 of 2020

Judgment of: KATZMANN J

Date of judgment: 25 March 2022

Catchwords: MIGRATION — appeal from decision of Federal Circuit Court of Australia — application by family of three for Safe Haven Enterprise visas — where Immigration Assessment Authority affirmed decision of Minister's delegate to refuse to grant the visas and primary judge dismissed application for judicial review of Authority's decision — where second appellant indicated that she did not advance independent claims for protection but where there was also material before Authority, which, if accepted would indicate that she had experienced harm in her country of nationality, whether primary judge erred in finding that Authority did not fail to consider a clearly articulated claim for protection raised by the material — where second appellant was not interviewed by delegate and Authority had concerns about evidence given by the other appellants, whether primary judge erred in not finding that Authority unreasonably failed to exercise, or consider exercising, its discretion to invite her to give further evidence under s 473DC(3) of the Migration Act 1958 (Cth) PRACTICE AND PROCEDURE — where appellants legally represented in court below, whether leave should be granted to allow appellants to rely on ground of appeal not raised before primary judge

Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Migration Act 1958 (Cth) ss 5, 5H, 5J, 36(2), 46A, 65, 425, 473BA, 473BB, 473CA, 473CC, 473DB(1), 473DC, 473DD Federal Court Rules 2011 (Cth) r 36.10