FJA18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1539

Federal Court of Australia

FJA18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1539 Appeal from: FJA18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 1922

File number: WAD 194 of 2020

Judgment of: COLVIN J

Date of judgment: 8 December 2023

Catchwords: MIGRATION - appeal from decision of the Federal Circuit Court of Australia - where application for safe haven enterprise visa refused and application for review of decision to the Immigration Assessment Authority was unsuccessful - where applicant sought judicial review of Authority's decision - where Circuit Court refused application for review - where decision of the High Court in AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; (2020) 269 CLR 494 published following Circuit Court's decision - where first respondent accepts that AUS17 means there was legal error in Circuit Court decision - where first respondent seeks leave to rely on notice of contention - where determined that Authority did not fail in substance to assess satisfaction of the criteria in s 473DD(b)(i) and (ii) of the Migration Act 1958 (Cth) - leave to rely upon notice of contention granted - contention ground upheld - appeal dismissed with costs

Legislation: Migration Act 1958 (Cth) s 473DD Federal Court Rules 2011 (Cth) rr 1.39, 36.24

Cases cited: AQU17 v Minister for Immigration and Border Protection [2018] FCAFC 111 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; (2020) 269 CLR 494 Craig v State of South Australia (1995) 184 CLR 163 DQI17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 106 Kirk v Industrial Court (NSW) [2010] HCA 1; (2010) 239 CLR 531