Federal Court of Australia
Federal Court of Australia
DQN19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1162 Appeal from: DQN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 43
File number: SAD 192 of 2021
Judgment of: BESANKO J
Date of judgment: 29 September 2023
Catchwords: MIGRATION — appeal from orders made by the Federal Circuit and Family Court of Australia (Division 2) dismissing the appellants' application for judicial review of a decision made by the Immigration Assessment Authority (the IAA) — where the IAA affirmed a decision of a delegate of the Minister not to grant the appellants a protection visa — whether the IAA's rejection of information as new information within s 473DD of the Migration Act 1958 (Cth) (the Act) constituted an error — consideration of BVZ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1803 — whether the IAA's failure to refer to the first appellant's evidence regarding the differences between Christianity and Islam is evidence that it did not give proper, genuine or realistic consideration to the merits of the case — whether the IAA should have exercised the power in s 473DC of the Act and sought new information about how the first appellant's presentation and performance at the interview was affected by his medical condition and the medication he takes for it — whether the IAA acted in a legally unreasonable manner — no jurisdictional error established — appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 65, 473CB, 473DC, 473DD
Cases cited: Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and Arts [2011] FCAFC 59; (2011) 180 LGERA 99 BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958; (2017) 254 FCR 221 BVZ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1803 CPP17 v Minister for Immigration, Citizenship Migrant Services and Multicultural Affairs (No 2) [2021] FCA 199 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; (2013) 230 FCR 431 Minister for Immigration and Citizenship v SZLSP [2010] FCAFC 108; (2010) 187 FCR 362 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 178 ALD 304 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217
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