ACM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1051

Federal Court of Australia

ACM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1051 Appeal from: ACM17 v Minister for Immigration [2020] FCCA 1056

File number: NSD 536 of 2020

Judgment of: GOODMAN J

Date of judgment: 8 September 2023

Catchwords: MIGRATION – appellant applied for a protection visa – Minister's delegate decided that the appellant did not satisfy the requirements of s 36 of the Migration Act 1958 (Cth) and that the appellant was an "excluded fast track review applicant" as defined in s 5 of the Act and thus unable to seek merits review by the Immigration Assessment Authority because he had previously made claims for protection in Germany and the United Kingdom that had been refused – appellant sought judicial review – primary judge dismissed the application on the basis that he considered himself bound by FMM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 20; (2020) 275 FCR 152 which determined that the operation of paragraph (a)(iii) of the definition of "excluded fast track review applicant" in s 5(1) of the Act required only the making of an unsuccessful claim for protection in a country other than Australia, and did not depend upon the claim for protection in Australia being the same as, or substantially similar to, the previous claim for protection made in a country other than Australia – no error by the primary judge – appeal dismissed

Legislation: Migration Act 1958 (Cth), ss 5, 36, 473CA

Cases cited: ACM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 1056 FMM17 v Minister for Immigration [2019] FCCA 1500 FMM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 20; (2020) 275 FCR 152