Federal Court of Australia
Federal Court of Australia
ALD19 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2022] FCA 1131 Appeal from: Federal Circuit Court of Australia (Oral reasons, Judge Street, 27 September 2019)
File number: NSD 1687 of 2019
Judgment of: STEWART J
Date of judgment: 23 September 2022
Catchwords: MIGRATION – protection visa – appeal from orders of the Federal Circuit Court of Australia dismissing the review of a decision of the Immigration Assessment Authority to affirm a decision of a delegate not to grant a protection visa – whether Authority erred in not considering new information under s 473DD of the Migration Act 1958 (Cth) – whether the Authority erred in not inviting explanation or a further interview under s 473DC of the Act – erred conceded – whether error material – whether jurisdictional error – appeal upheld
Legislation: Migration Act 1958 (Cth) ss 5(1), 5AA, s 5J(1)(b), s 46A(2), s 472DC, s 473DC, s 473DD Federal Court Rules 2011 r 39.05(a)
Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; 269 CLR 439 ALD19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 735 APH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 23 Applicant VEAL of 2002 v Minister for Immigration and Multicultural Affairs [2005] HCA 72; 25 CLR 88 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; 269 CLR 494 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; 268 CLR 76 CSR16 v Minister for Immigration and Border Protection [2018] FCA 474 Minister for Immigration and Border Protection v CPA16 [2019] FCAFC 40; 268 FCR 379 Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 [2020] FCAFC 159 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 Nathanson v Minister for Home Affairs [2022] HCA 26 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 264 CLR 21
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