CCM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1619

Federal Court of Australia

CCM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1619 Appeal from: CCM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 720

File number: VID 558 of 2022

Judgment of: DERRINGTON J

Date of judgment: 19 December 2023

Catchwords: MIGRATION – determination by Immigration Assessment Authority not to grant Safe Haven Enterprise visa – whether material error arising from erroneous application of Migration Act 1958 (Cth) s 473DD – whether Authority conducted de novo review to extent required in circumstances where appellant relied on claims made by uncle in separate visa application – consideration of principles regarding scope of de novo review to be conducted by Authority – whether Secretary of Department of Immigration and Border Protection gave all relevant "review material" to Authority as required by s 473CB – appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: ABT17 v Minister for Immigration and Border Protection (2020) 269 CLR 439 AUF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2019) 274 FCR 82 AUS17 v Minister for Immigration and Border Protection (2020) 269 CLR 494 AXV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 121 BVC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 565 BXT17 v Minister for Home Affairs (2021) 283 FCR 248 CNY17 v Minister for Immigration and Border Protection (2019) 268 CLR 76 CQR17 v Minister for Immigration and Border Protection (2019) 269 FCR 367 DNU20 v Minister for Immigration, Citizenship and Multicultural Affairs (2022) 294 FCR 1 EMJ17 v Minister for Immigration and Border Protection [2018] FCA 1462 EVS17 v Minister for Immigration and Border Protection (2019) 268 FCR 299 Minister for Immigration and Border Protection v CPA16 (2019) 268 FCR 379 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Multicultural Affairs v Li (2000) 176 ALR 66 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AWT19 (2021) 285 FCR 381 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506 Nathanson v Minister for Home Affairs (2022) 96 ALJR 737 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 SLMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 129