DEO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 145

Federal Court of Australia

DEO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 145 Appeal from: DEO18 v Minister for Immigration, Citizenship and Multicultural Affairs (Federal Circuit Court of Australia, Judge Street, PEG 325 of 2018, 27 August 2019)]

File number: WAD 478 of 2019

Judgment of: MARKOVIC J

Date of judgment: 29 February 2024

Catchwords: MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Div 2) (then the Federal Circuit Court of Australia) – where discretion to request new information from applicant not exercised – whether procedural fairness obliged the Immigration Assessment Authority to request new information from applicant – where new ground of appeal raised – where ground does not have merit – appeal dismissed

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

Cases cited: BVD17 v Minister for Immigration and Border Protection (2019) 268 CLR 29 CCQ17 v Minister for Immigration and Border Protection [2018] FCA 1641 CJB16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 44 DGZ16 v Minister for Immigration and Border Protection (2018) 258 FCR 551 DVO16 v Minister for Immigration and Border Protection (2021) 273 CLR 177 DZU16 v Minister for Immigration and Border Protection (2017) 321 FLR 306 Minister for Immigration and Border Protection v CRY16 (2017) 253 FCR 475 Minister for Immigration and Border Protection v DZU16 (2018) 253 FCR 526 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588