Federal Court of Australia
Federal Court of Australia CLI19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1082 Appeal from: CLI19 v Minister for Immigration [2020] FCCA 236
File number(s): NSD 178 of 2020
Judgment of: RARES J
Date of judgment: 16 August 2022
Catchwords: MIGRATION – where Immigration Assessment Authority not satisfied under s 473DD of the Migration Act 1958 (Cth) exceptional circumstances justified it considering new information and affirmed refusal of protection visa – where visa applicant asked Authority to consider newly discovered warrant for his arrest on terrorism charges in support of claim based on warrant to fear harm if returned to his country of origin – where warrant and new claim not before delegate – where Authority had serious reservations about veracity of warrant and new claim and then found no exceptional circumstances to justify it considering them as "new information" under s 473DD – whether Authority made a jurisdictional error by failing to factor finding that new information was credible, though subject to serious reservations, into subsequent assessment of whether exceptional circumstances justified consideration of new information – Held: appeal allowed
Legislation: Migration Act 1958 (Cth) Pt 7AA, ss 473CA, 473DD, 473EA
Cases cited: AAL19 v Minister for Home Affairs (2020) 277 FCR 393 Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 AUS17 v Minister for Immigration and Border Protection (2020) 269 CLR 494 Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 BDF17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 401 BVD17 v Minister for Immigration and Border Protection (2019) 268 CLR 29 CLI19 v Minister for Immigration [2020] FCCA 236 CPP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 199 CSR16 Minister for Immigration and Border Protection [2018] FCA 474 Kioa v West (1985) 159 CLR 550 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 (2020) 171 ALD 477
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