EVD19 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1084

Federal Court of Australia

EVD19 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1084 Appeal from: EVD19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 2409

File number: WAD 225 of 2020

Judgment of: BANKS-SMITH J

Date of judgment: 19 September 2024

Catchwords: MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing review of fast track reviewable decision of Immigration Assessment Authority - where Authority affirmed decision of the delegate of the Minister to refuse the grant of a protection visa - generalised claim that primary judge in error - weight given to country information by Authority - whether Authority considered claims made by appellant - whether new information should be admitted on appeal - whether primary judge erred in failing to find that the Authority's decision revealed jurisdictional error - appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5AA, 5H, 5J, 36, 46A, 473CB, 473DB, 473DD, Part 7AA

Cases cited: BTQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 382 DQQ17 v Minister for Immigration and Border Protection [2018] FCA 784 DYK16 v Minister for Immigration and Border Protection [2018] FCAFC 222; (2018) 267 FCR 69 EII17 v Minister for Immigration and Border Protection [2018] FCA 1863 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EGZ17 [2022] FCAFC 12; (2022) 289 FCR 164 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 273 CLR 506 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 Qin v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 490