EAT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1090

Federal Court of Australia

EAT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1090 Appeal from: EAT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 110

File number: WAD 51 of 2022

Judgment of: JACKSON J

Date of judgment: 13 September 2023

Catchwords: MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of Immigration Assessment Authority's decision - implied condition of reasonableness - informational gap concerning interview with delegate - Authority's reliance on audio recording of interview - reasonableness of Authority not interviewing appellant before rejecting claim which delegate had accepted - consideration of ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; (2020) 269 CLR 439 - finding that demeanour did not form basis of Authority's decision - primary judge correct in finding Authority did not act unreasonably - appeal dismissed

Legislation: Federal Court Act of Australia 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 36, 473DC, 473DD

Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; (2020) 269 CLR 439 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217 Sami v Minister for Immigration and Citizenship [2013] FCAFC 128