BLJ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 460

Federal Court of Australia BLJ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 460 Appeal from: BLJ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 3237

File number: NSD 2023 of 2019

Judgment of: WIGNEY J

Date of judgment: 12 May 2023

Catchwords: MIGRATION – appeal from primary judge's dismissal of judicial review application regarding protection visa decision – appellant said to have past association with militant organisation in Sri Lanka – whether Immigration Assessment Authority failed to consider United Nations guidelines or recent "country information" as "new information" under s 473DD of Migration Act 1958 (Cth) when making decision – whether Authority's approach to statutory criteria in s 473DD was erroneous in light of AUS17 v Minister for Immigration and Border Protection (2020) 269 CLR 494; [2020] HCA 24 – approach taken by Authority not capable of constituting jurisdictional error – no error in primary judge's reasoning established – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36(2)(a), 36(2)(aa), 65, 473BB, 473CA, 473CB, 473CC, 473DB, 473DC, 473DD, 473DD(a), 473DD(b)(i), 473DD(b)(ii)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593; [2003] FCAFC 184 AUS17 v Minister for Immigration and Border Protection (2020) 269 CLR 494; [2020] HCA 37 BLJ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 3237 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 Nathanson v Minister for Home Affairs (2022) 403 ALR 398; [2022] HCA 26