Federal Court of Australia
Federal Court of Australia
ANA17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 554 Appeal from: ANA17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1651
File number: VID 463 of 2021
Judgment of: O'BRYAN J
Date of judgment: 17 May 2022
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – where Immigration Assessment Authority (IAA) affirmed a decision of a delegate of the Minister refusing to grant a Safe Haven Enterprise visa – where Federal Circuit Court dismissed the appellant's application for review of the IAA's decision but separately allowed the appellant's father's application for judicial review and remitted the appellant's father's visa application to the IAA for reconsideration – whether appellant had made a claim to be a member of the "same family unit" as his father such that the IAA's decision in respect of his application ought also to have been quashed and remitted so that the IAA could assess his application against the family unit criteria in subss 36(2)(b) and (c) of the Migration Act 1958 (Cth) – whether IAA had failed to consider a claim made by the appellant – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1)(d) Migration Act 1958 (Cth) ss 5, 36(2), 476 Migration Regulations 1994 (Cth) regs 1.05A(2), 1.12(3), 1.12(4)
Cases cited: AAD16 v Minister for Immigration and Border Protection [2018] FCA 1433 ANB17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1656 CGA15 v Minister for Home Affairs (2019) 268 FCR 362 Coulton v Holcombe (1986) 162 CLR 1 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Raibevu v Minister for Home Affairs [2020] FCAFC 35 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588 Water Board v Moustakas (1988) 180 CLR 491
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