AXQ18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 195

Federal Court of Australia

AXQ18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 195 Appeal from: AXQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 39

File number(s): QUD 63 of 2022

Judgment of: COLLIER J

Date of judgment: 10 March 2023

Catchwords: MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – where primary decision concerned judicial review of decision of Immigration Assessment Authority (IAA) to affirm decision of Minister to refuse protection visa – Part 7AA Migration Act 1958 (Cth) - where new information provided to IAA – where IAA found new information was not credible - s 473DD Migration Act 1958 (Cth) – whether IAA erred in application of two stage test regarding new information – whether primary Judge erred in finding that the IAA did not err in its consideration of new information - "credible personal information" – whether decision of IAA legally unreasonable - appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: AUS17 v Minister for Immigration and Border Protection (2020) 269 CLR 494 AXQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFam2CG 39 CSR16 v Minister for Immigration and Border Protection [2018] FCA 474 Minister for Home Affairs v DUA16 (2020) 271 CLR 550 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 [2020] FCAFC 159 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217