ABD18 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2022] FCA 1294

Federal Court of Australia

ABD18 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2022] FCA 1294 Appeal from: ABD18 v Minister for Home Affairs [2019] FCCA 3012

File number: WAD 620 of 2019

Judgment of: COLVIN J

Date of judgment: 31 October 2022

Catchwords: MIGRATION - appeal from decision of the Federal Circuit Court affirming a decision of the Immigration Assessment Authority - where IAA affirmed decision of the Minister's delegate refusing the appellant a protection visa - whether the IAA failed to consider the appellant's mental health in determining whether to accept the new information - whether the IAA acted unreasonably in not considering the exercise of its powers under s 473DC of the Migration Act 1958 (Cth) in respect of the appellant's mental health - whether the IAA accepted that the appellant suffered from mental health issues and made a claim to that effect - appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 473CC, 473DB, 473DC, 473DD, Part 7AA

Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; (2020) 269 CLR 439 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 268 CLR 29 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 DWN042 v The Republic of Nauru [2017] HCA 56 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; (2011) 241 CLR 594 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173