Federal Court of Australia
Federal Court of Australia
ANW18 v Minister for Immigration and Multicultural Affairs [2024] FCA 1008 Appeal from: ANW18 v Minister for Home Affairs & Anor (No 2) [2020] FCCA 2638
File number: SAD 147 of 2020
Judgment of: CHARLESWORTH J
Date of judgment: 4 September 2024
Catchwords: MIGRATION – appeal from orders dismissing an application for judicial review of a migration decision – appellant alleging fraud on the part of his migration agent – migration agent alleged to have included false claims in a visa application form and supporting statutory declaration – appellant participating in interview with a delegate in which he made claims to the same effect as those drafted by the migration agent – appellant failing to discharge the onus of proving he was not complicit in any fraud committed by the migration agent – fraud by the migration agent not demonstrated in any event – whether for the purposes of s 473CB(1)(c) of the Migration Act 1958 (Cth) there was information in the possession of the Secretary capable of indicating fraud on the part of the migration agent giving rise to an obligation to refer the information to the Immigration Assessment Authority – material not indicative of fraud – whether appellant should be granted leave to advance new arguments on the appeal – relevance of appellant's status as a self-represented litigant at first instance
Legislation: Evidence Act 1995 (Cth) s 140 Migration Act 1958 (Cth) ss 65, 473CB, 474
Cases cited: ANW18 v Minister for Home Affairs & Anor (No 2) [2020] FCCA 2638 CQR17 v Minister for Immigration and Border Protection (2019) 269 FCR 367 Craig v South Australia (1995) 184 CLR 163 Han v Minister for Home Affairs [2019] FCA 331 Katragadda v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 143 Kaur v Minister for Immigration and Border Protection (2019) 269 FCR 464 Minister for Immigration and Citizenship v SZLIX [2008] FCAFC 17; 245 ALR 501 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Singh v Minister for Immigration and Border Protection (2016) 247 FCR 554 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 SZLPH v Minister for Immigration and Border Protection (2018) FCR 105 SZRUR v Minister for Immigration and Border Protection (2013) 216 FCR 445
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