Federal Court of Australia
Federal Court of Australia
DNU20 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 627 Appeal from: DNU20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 1069
File number(s): VID 1118 of 2023
Judgment of: BUTTON J
Date of judgment: 14 June 2024
Catchwords: MIGRATION – where Appellant refused Safe Haven Enterprise visa by delegate of the Minister – where decision of the delegate affirmed by the Immigration Assessment Authority – where Appellant invited the Authority to obtain recordings of telephone conversations between him and his mother and said that the Authority could interview his mother concerning information relevant to his protection claims – whether Authority constructively failed to exercise jurisdiction, or engaged in jurisdictional error by failing to obtain transcripts of telephone calls or by failing to interview the Appellant's mother – application dismissed
Legislation: Migration Act 1958 (Cth) ss 5H, 36, 473BA, 473CA, 473CB, 473CC, 473DA, 473DB, 473DC, 473DD, 473FA, 473FB Freedom of Information Act 1982 (Vic)
Cases cited: Abebe v Commonwealth (1999) 197 CLR 510; [1999] HCA 14 ABT17 v Minister for Immigration and Border Protection (2020) 269 CLR 439; [2020] HCA 34 AQF17 v Minister for Immigration and Border Protection [2018] FCA 966 BJB17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1683 CNY17 v Minister for Immigration and Border Protection (2019) 268 CLR 76; [2019] HCA 50 DJF16 v Minister for Home Affairs [2018] FCA 1285 DNU20 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 148 DTP18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 56 DYI16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 612 DYK16 v Minister for Immigration and Border Protection (2018) 267 FCR 69; [2018] FCAFC 222 ERE18 v Minister for Home Affairs [2021] FCA 1346 Kaur v Minister for Immigration and Border Protection (2017) 256 FCR 235; [2017] FCAFC 184 Minister for Immigration and Citizenship v Le (2007) 164 FCR 151; [2007] FCA 1318 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429; [2009] HCA 39 Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Re Minister for Immigration and Multicultural Affairs; Ex parte Cassim (2000) 74 ALJR 1404; [2000] HCA 50
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