Federal Court of Australia
Federal Court of Australia
EJK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 713 Appeal from: EJK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 50
File number: VID 551 of 2021
Judgment of: O'BRYAN J
Date of judgment: 22 June 2022
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – where Immigration Assessment Authority (IAA) affirmed a decision of a delegate of the Minister refusing to grant the appellants a Safe Haven Enterprise visa – where Minister conceded that IAA erred in application of s 473DD to new information provided by the appellants – whether error was material – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1)(d) Migration Act 1958 (Cth) ss 473DD, 476
Cases cited: AUS17 v Minister for Immigration and Border Protection (2020) 269 CLR 494 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 House v The King (1936) 55 CLR 499 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 (2020) 171 ALD 477 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476
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