EDA17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1534

Federal Court of Australia

EDA17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1534 Appeal from: EDA17 v Minister for Immigration & Anor [2020] FCCA 249

File number: NSD 238 of 2020

Judgment of: SNADEN J

Date of judgment: 8 December 2023

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – where primary judge dismissed application for judicial review of a decision by the Immigration Assessment Authority – where new grounds advanced on appeal – whether improper application of s 473DD of the Migration Act 1958 (Cth) was material (and therefore jurisdictional) error – whether IAA failed to recognise significance of potential pre-sentence remand – whether failure to recognise significance of potential pre-sentence remand material – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5, 5H, 5J, 36, 473DC, 473DD

Cases cited: ABA15 v Minister for Immigration and Border Protection [2016] FCA 1419 ACF17 v Minister for Immigration and Border Protection [2019] FCA 1902 AUS17 v Minister for Immigration and Border Protection (2020) 269 CLR 494 AVQ15 v Minister for Immigration and Border Protection and Another [2018] FCAFC 133 BXK16 v Minister for Home Affairs [2022] FCA 251 EDA17 v Minister for Immigration & Anor [2020] FCCA 249 DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91 Minister for Immigration and Border Protection v SZTQS [2015] FCA 1069 SZTAP v Minister for Immigration and Border Protection [2017] FCA 1370 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 238 FCR 588