Federal Court of Australia
Federal Court of Australia
CCL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1620 Appeal from: CCL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 721
File number: VID 559 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
Cases cited: CCM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1619
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 2
Date of hearing: 9 November 2023
Counsel for the Appellant: Dr A McBeth
Solicitor for the Appellant: Bardo Lawyers
Counsel for the First Respondent: Ms E Hoiberg
Solicitor for the First Respondent: Sparke Helmore Lawyers
Counsel for the Second Respondent: The Second Respondent did not appear
ORDERS VID 559 of 2022
BETWEEN: CCL17 Appellant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent
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