Federal Court of Australia
Federal Court of Australia
DMO18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 61 Appeal from: DMO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1028
File number(s): SAD 96 of 2021
Judgment of: THAWLEY J
Date of judgment: 8 February 2023
Catchwords: MIGRATION – appeal from Federal Circuit Court orders dismissing application for judicial review of Immigration Assessment Authority decision affirming refusal of appellant's Safe Haven Enterprise Visa application – whether primary judge erred in not finding that the Authority committed jurisdictional error by failing to consider appellant's claim as allegedly put about threats made against the appellant to the appellant's family in Sri Lanka – whether primary judge erred in not finding that Authority's failure to exercise the discretion under s 473DC(3) to invite the appellant to give new information was legally unreasonable – no error established – appeal dismissed with costs.
Legislation: Migration Act 1958 (Cth) Part 7AA Victims of Crime Act 2001 (SA) s 4
Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; (2020) 383 ALR 407 BDJ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1074 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 268 CLR 29 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; (2018) 258 FCR 551 DMO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1028 DPI17 v Minister for Home Affairs [2019] FCAFC 43; (2019) 269 FCR 134 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Ethnic Affairs v Teoh [1995] HCA 20; (1995) 183 CLR 273 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217 Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 Tsvetnenko v United States of America [2019] FCAFC 74; (2019) 269 FCR 225
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