CGX19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1145

Federal Court of Australia

CGX19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1145 Appeal from: CGX19 v Minister for Immigration & Anor [2020] FCCA 421

File number(s): NSD 397 of 2020

Judgment of: KENNY J

Date of judgment: 27 September 2023

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia – where the Immigration Assessment Authority affirmed the delegate's decision to refuse an application for a Safe Haven Enterprise Visa – whether the Authority applied s 473DD of the Migration Act 1958 correctly – held: Authority incorrectly applied s 473DD – appeal allowed

Legislation: Migration Act 1958 (Cth), ss 36(2), 46A, 473DB, 473DC, 473DD

Cases cited: APH17 v Minister for Immigration, Citizenship Migrant Services and Multicultural Affairs [2021] FCA 23 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; 269 CLR 494 AZT22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 90 CSR16 v Minister for Immigration and Border Protection [2018] FCA 474 DBX16 v Minister for Immigration and Border Protection [2021] FCA 238 EBY17 v Minister for Immigration and Border Protection [2019] FCA 222 EMJ17 v Minister for Immigration and Border Protection [2018] FCA 1462 FGI18 v Minister or Immigration, Citizenship Migrant Services and Multicultural Affairs [2022] FCA 57 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 273 CLR 506 Nathanson v Minister for Home Affairs [2022] HCA 26; 403 ALR 398 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 264 CLR 217