AXV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 121

Federal Court of Australia

AXV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 121 Appeal from: AXV17 v Minister for Immigration and Anor [2019] FCCA 3150

File number: NSD 1938 of 2019

Judgment of: NICHOLAS J

Date of judgment: 22 February 2023

Catchwords: MIGRATION – where Independent Assessment Authority ("Authority") refused appellant's application for Safe Haven Enterprise visa – whether Authority's rejection of appellant's claim to be secretary of local rural development society was legally unreasonable – whether Authority's decision under s 473DD of Migration Act 1958 (Cth) was affected by legal error – whether error material to outcome of review – whether Authority failed to consider claim that appellant feared harm by Buddhist monks – whether Authority's decision otherwise affected by jurisdictional error – whether primary judge's decision dismissing application for judicial review was correct

Legislation: Migration Act 1958 (Cth) ss 5H(1), 36(2), 473CA, 473CB, 473DC, 473DD

Cases cited: ABT17 v Minister for Immigration and Border Protection (2020) 269 CLR 439 AUS17 v Minister for Immigration and Border Protection (2020) 269 CLR 494 BWC16 v Minister for Home Affairs [2018] FCA 1375 Htun v Minister for Immigration & Multicultural Affairs (2001) 194 ALR 244 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 MZAPC v Minister for Immigration and Border Protection (2021) 390 ALR 590 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) (2004) 144 FCR 1 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217