GAW18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 867

Federal Court of Australia

GAW18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 867 Appeal from: GAW18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1332

File number: WAD 163 of 2021

Judgment of: JACKSON J

Date of judgment: 5 August 2024

Catchwords: MIGRATION - appeal from Federal Circuit Court - review of decision of Immigration Assessment Authority affirming decision of delegate of Minister to refuse protection visa - appeal on new ground not raised before primary judge - whether Authority failed to assess essential integer of claim - claim that appellant held certain political opinions - whether decision was legally unreasonable - whether certain facts constituted new information under s 473DE of the Migration Act 1958 (Cth) - no jurisdictional error found - appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5J, 36, 473DC, 473DD, 473DE, Pt 7AA Div 3 Subdiv C Federal Court Rules 2011 (Cth) Sch 3 item 15.2

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132; (2019) 271 FCR 595 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; (2020) 269 CLR 494 Australian Postal Corporation v D'Rozario [2014] FCAFC 89; (2014) 222 FCR 303 L & B Linings Pty Ltd v WorkCover Authority of New South Wales [2012] NSWCA 15 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; (2017) 253 FCR 475 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 273 CLR 506 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1