BQU17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 311

Federal Court of Australia

BQU17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 311 Appeal from: BQU17 v Minister for Immigration & Anor [2020] FCCA 1139

File number: NSD 572 of 2020

Judgment of: BROMWICH J

Date of judgment: 4 April 2023

Date of publication of reasons: 5 April 2023

Catchwords: MIGRATION – appeal from a decision of the former Federal Circuit Court of Australia, now Division 2 of the Federal Circuit and Family Court of Australia, to dismiss an application for judicial review of a decision of the Immigration Assessment Authority (IAA) – where the IAA affirmed a decision of a delegate of the Minister to refuse the applicant a Safe Haven Enterprise visa – whether the IAA misunderstood information put forward by the appellant – whether that misunderstanding by the IAA rises to a level of illogicality or irrationality in its conclusions to constitute jurisdictional error – whether the primary judge erred in failing to find such an error – Held: no error on the part of the primary judge –appeal dismissed with costs

Cases cited: Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 16

Date of hearing: 4 April 2023

Counsel for the Appellant: Mr G Foster

Solicitor for the Appellant: Sentil Solicitors

Counsel for the First Respondent: Mr T Reilly

Solicitor for the First Respondent: Clayton Utz

Counsel for the Second Respondent: The second respondent filed a submitting notice, save as to costs