Federal Court of Australia
Federal Court of Australia
EFH19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 525 Appeal from: EFH19 v Minister for Immigration & Anor [2020] FCCA 1047
File number(s): NSD 553 of 2020
Judgment of: BURLEY J
Date of judgment: 26 May 2023
Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority to affirm the decision of a delegate of the Minister to refuse to grant the appellant a Safe Haven Enterprise visa – where appellant seeks leave to rely on ground not raised below – whether Authority failed to give proper, genuine and realistic consideration to appellant's claim to fear harm based on religion – whether Authority failed to consider a material claim – appeal dismissed.
Legislation: Migration Act 1958 (Cth) s 5J, 476, Part 7AA
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 EFH19 v Minister for Immigration & Anor [2020] FCCA 1047 Minister for Home Affairs v Omar [2019] FCAFC 188 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1993) 93 FCR 220 SZMCD v Minister for Immigration and Citizenship [2009] FCAFC 46 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588
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