Federal Court of Australia
Federal Court of Australia
BFV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 505 Appeal from: BFV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 193
File number: VID 602 of 2021
Judgment of: BEACH J
Date of judgment: 14 April 2022
Catchwords: MIGRATION – jurisdictional error – failure of Immigration Assessment Authority to consider material - materiality of error - appeal allowed.
Legislation: Migration Act 1958 (Cth) ss 473CB(1)(b), 473DD, 5J(6)
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 22
Date of hearing: 14 April 2022
Counsel for the Appellant: A. Aleksov
Solicitor for the Appellant: Victoria Legal Aid
Counsel for the First Respondent: J. Barrington
Solicitor for the First Respondent: Sparke Helmore
Counsel for the Second Respondent: The second respondent filed a submitting notice save as to costs
ORDERS VID 602 of 2021
BETWEEN: BFV17 Appellant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent
IMMIGRATION ASSESSMENT AUTHORITY Second Respondent
order made by: BEACH J DATE OF ORDER: 14 aPRIl 2022
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. Orders 1 and 2 of the orders made by the primary judge below on 22 September 2021 be set aside and in lieu of such orders it be ordered that: (i) The Immigration Assessment Authority's determination made on 27 February 2017 be set aside. (ii) The matter be remitted to that Authority for hearing and determination in accordance with law. (iii) The first respondent pay the applicant's costs of the proceeding in the Federal Circuit and Family Court of Australia (Division 2). 3. The first respondent pay the appellant's costs of this appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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