CXF17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1278

Federal Court of Australia

CXF17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1278 Appeal from: CXF17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 1666

File number: WAD 169 of 2020

Judgment of: BANKS-SMITH J

Date of judgment: 24 October 2023

Catchwords: MIGRATION - appeal from decision of Federal Circuit Court of Australia dismissing review of fast track reviewable decision of Immigration Assessment Authority - where Authority affirmed decision of the delegate of the Minister to refuse grant of a protection visa - whether Authority acted unreasonably in failing to obtain new country information - whether Authority failed to take into account matters relevant to alleged links to the Liberation Tigers of Tamil Ealam in assessing risk of harm - whether Authority failed to take into account effect of Prevention of Terrorism Act 1979 - whether the Authority obliged to put inconsistencies to the appellant or undertake due diligence about claims - whether primary judge erred in consideration of claims made before the Authority - appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5H, 36, 473CA, 473CB, 473DC, 473DD, 473DF, Part 7AA

Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; (2020) 269 CLR 439 DIJ16 v Minister for Home Affairs [2019] FCA 1038 Minister for Immigration and Border Protection v Tesic [2017] FCAFC 93; (2017) 251 FCR 23 Ozberk v Minister for Immigration and Multicultural Affairs (1998) 79 FCR 249 SZJMG v Minister for Immigration and Citizenship [2008] FCA 1145 SZNOE v Minister for Immigration and Citizenship [2012] FCA 96