CHD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 506

Federal Court of Australia

CHD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 506 Appeal from: CHD18 & Anor v Minister for Home Affairs & Anor [2019] FCCA 3708

File number: NSD 10 of 2020

Judgment of: STEWART J

Date of judgment: 5 May 2022

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court dismissing application for judicial review of a decision of the Immigration Assessment Authority which affirmed a decision of a delegate of the Minister to refuse to grant the applicants Safe Haven Enterprise Visas – whether decision of the Authority with regard to a component of the claim for protection is irrational or illogical so as to be legally unreasonable and affected by jurisdictional error – whether the Authority failed to consider an integer of the claim for protection – whether appealable error by the primary judge – appeal dismissed

Cases cited: CHD18 & Anor v Minister for Home Affairs [2019] FCCA 3708 House v The King [1936] HCA 40; 55 CLR 499 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 36

Date of hearing: 3 May 2020

Counsel for the Appellants Appellants were self-represented

Counsel for the First Respondent S Lloyd of HWL Ebsworth Lawyers

Solicitor for the First Respondent HWL Ebsworth Lawyers

Counsel for the Second Respondent The Second Respondent filed a submitting notice save as to costs.