BTK19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 658

Federal Court of Australia

BTK19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 658 Appeal from: BTK19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 226

File number(s): NSD 234 of 2021

Judgment of: PERRY J

Date of judgment: 21 June 2024

Catchwords: MIGRATION – appeal from Federal Circuit Court dismissing judicial review application of decision of Immigration Assessment Authority affirming decision not to grant appellant a protection visa – approach to construing Authority's reasons – meaning of credible personal information – whether Authority failed to assess the appellant's new personal information against each of the criteria in subs 473DD(b)(i) and 473DD(b)(ii) of the Migration Act 1958 (Cth) and then take the outcome of that assessment into account in assessing whether the criterion in s 473DD(a) was met in accordance with AUS17 v Minister for Immigration, Border Protection (2020) 269 CLR 494 –where Authority made only findings of doubts and concerns about the veracity of new personal information – whether Authority's failure to properly consider s 473DD of the Migration Act was material – appeal allowed PRACTICE AND PROCEDURE – whether leave should be granted to raise new grounds on appeal

Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 36, 473BB, 473CB, 473DB, 473DC, 473DD, Part 7AA Federal Court Rules 2011 (Cth) r 36.57

Cases cited: APH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 23 AUS17 v Minister for Immigration, Border Protection (2020) 269 CLR 494 BTK19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 226 CCQ17 v Minister for Immigration and Border Protection [2018] FCA 1641 Collector of Customs v Pozzolanic (1993) 43 FCR 280 CSR16 v Minister for Immigration and Border Protection [2018] FCA 474 DDH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1523 DPI17 v Minister for Home Affairs [2019] FCAFC 43; (2019) 269 FCR 134 EEP18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2023] FCA 682 Fang Wang v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1044 FGI18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 57 FGQ18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 944 Han v Minister for Home Affairs [2019] FCA 331 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176; (2017) 257 FCR 111 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration, Citizenship, Migrant Servies and Multicultural Affairs v BTW17 [2020] FCAFC 159; (2020) 294 FCR 150 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 273 CLR 506 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134; (2005) 147 FCR 51 Nathanson v Minister for Home Affairs [2022] HCA 26; (2022) 276 CLR 80 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173 SZKMS v Minister for Immigration and Citizenship [2008] FCA 499