Federal Court of Australia
Federal Court of Australia
AUY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 350 Appeal from: AUY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCfamC2G 39
File number: VID 571 of 2021
Judgment of: MOSHINSKY J
Date of judgment: 5 April 2022
Catchwords: MIGRATION – appeal – protection visa – unauthorised maritime arrival – referral to Immigration Assessment Authority – new information – whether the Authority failed to consider the criterion in s 473DD(b)(ii) of the Migration Act 1958 (Cth) – whether error material – held: appeal allowed
Legislation: Migration Act 1958 (Cth), s 473DD
Cases cited: AUS17 v Minister for Immigration and Border Protection (2020) 269 CLR 494 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 (2020) 171 ALD 477
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 20
Date of hearing: 5 April 2022
Counsel for the Appellant: Dr A McBeth
Solicitor for the Appellant: Wimal & Associates
Counsel for the First Respondent: Mr JA Barrington
Solicitor for the First Respondent: Sparke Helmore
Solicitor for the Second Respondent: The second respondent filed a submitting notice, save as to costs
ORDERS VID 571 of 2021
BETWEEN: AUY17 Appellant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent
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