AJJ17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1299

Federal Court of Australia

AJJ17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1299 Appeal from: AJJ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 3263

File number: WAD 578 of 2019

Judgment of: BANKS-SMITH J

Date of judgment: 2 November 2022

Catchwords: MIGRATION - appeal from decision of Federal Circuit Court of Australia dismissing review of fast track reviewable decision of Immigration Assessment Authority - where Authority affirmed decision of the delegate of the Minister to refuse grant of a protection visa - where appellant claimed to fear harm from Sri Lankan Criminal Investigation Department due to imputed connection with the Liberation Tigers of Tamil Eelam - whether Authority properly exercised power under s 473DD of the Migration Act 1958 (Cth) to not take into account new information provided by appellant - whether primary judge erred in consideration of evidence - appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5AAA, 5H, 36, 360, 425, 473BB, 473CB, 473DC, 473DD, 473DF, Parts 5, 7, 7AA

Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; (2020) 269 CLR 439 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; (2020) 269 CLR 494 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 268 CLR 29 BXT17 v Minister for Home Affairs [2021] FCAFC 9; (2021) 283 FCR 248 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; (2019) 268 CLR 76 Minister for Immigration and Border Protection v CED16 [2020] HCA 24 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217