EIL17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1097

Federal Court of Australia

EIL17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1097 Appeal from: EIL17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 347

File number(s): VID 346 of 2022

Judgment of: MCELWAINE J

Date of judgment: 15 September 2023

Catchwords: MIGRATION – application for review of decision by the Federal Circuit and Family Court of Australia (Division 2) – refusal of grant of a protection visa – whether primary judge erred in finding the Immigration Assessment Authority (IAA) had not acted unreasonably or unreasonably failed to seek translations of employment contracts pursuant to ss 473DC or 473CC of the Migration Act 1958 (Cth) – whether primary judge erred in finding that the IAA had not misconceived the nature of the arrival interview, where such misconceptions were said to be legally unreasonable – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36, 473CC, 473DA, 473DC , 473DD

Cases cited: BJB16 v Minister for Immigration and Border Protection [2018] FCAFC 49; 260 FCR 116 BLS17 v Minister for Immigration and Border Protection [2019] FCA 1079 EIL17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 347 FSG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 29; 274 FCR 456 King v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 152 Minister for Home Affairs v AYJ17 [2019] FCA 591 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 MZZJO v Minister for Immigration and Border Protection [2014] FCAFC 80; 239 FCR 436 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 264 CLR 217