Federal Court of Australia
Federal Court of Australia
AIS17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1221 Appeal from: AIS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2020] FCCA 151
File number: NSD 153 of 2020
Judgment of: KATZMANN J
Date of judgment: 14 October 2022
Catchwords: MIGRATION – appeal from unsuccessful judicial review of decision of Immigration Assessment Authority – whether Authority failed to consider a link to a Wikipedia entry mentioned in appellant's submissions – whether link was "new information" and, if so, whether failure to consider it a jurisdictional error – whether, in not accepting appellant's claim to have been threatened by Shia militia while on a bus on his way to work, the Authority engaged in an illogical reasoning process – where appellant claimed to have received a threatening letter from Shia militia and produced a copy of the letter to the delegate, whether Authority found the letter to be fraudulent and, if so, erred by not basing that finding on an assessment of the letter
Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36, 46A, 65, 473CB, 473CC, 473DB, 473DC, 473DD, 474, 496, Pt 5, Pt 7AA
Cases cited: ARG15 v Minister for Immigration and Border Protection (2016) 250 FCR 109 Attorney-General (NSW) v Quin (1990) 170 CLR 1 AUH17 v Minister for Immigration and Border Protection [2018] FCA 388 AUS17 v Minister for Immigration and Border Protection (2020) 269 CLR 494 BBK19 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1001 BHD18 v Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs (2020) 280 FCR 26 BRA16 v Minister for Immigration and Border Protection [2018] FCA 127 ESQ17 v Minister for Immigration and Border Protection [2019] FCA 826; 166 ALD 59 Minister for Immigration and Citizenship v Li (2013) 249 CLR 232 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 95 ALJR 441; 390 ALR 590 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 Plaintiff S157 v Commonwealth of Australia (2003) 211 CLR 476 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588
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