EIC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1000

Federal Court of Australia

EIC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1000 Appeal from: EIC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 282

File number: VID 755 of 2021

Judgment of: MOSHINSKY J

Date of judgment: 29 August 2022

Catchwords: MIGRATION – appeal from Federal Circuit and Family Court of Australia – protection visa – where the applicant submitted two support letters to the Tribunal after the hearing – where the Tribunal did not raise with the applicant any concern as to the genuineness of the letters – where the Tribunal made a finding of fraud in relation to the letters – whether the Tribunal failed to accord the appellant procedural fairness or failed to comply with the obligations in s 425 of the Migration Act 1958 (Cth) – appeal allowed

Legislation: Migration Act 1958 (Cth), ss 5J, 422B, 425

Cases cited: Minister for Immigration and Border Protection v Ly (2018) 263 FCR 512 Minister for Immigration and Citizenship v SZMOK (2009) 247 FCR 404 Minister for Immigration and Citizenship v SZNSP (2010) 184 FCR 485 Nathanson v Minister for Home Affairs [2022] HCA 26 WACO v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 511 WAEJ v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 76 ALD 597 WAGU v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 912 WAJR v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 204 ALR 624