CCL17 v Minister for Immigration, Citizenship and Multicultural Affairs

[2023] FCA 1620

FEDERAL COURT OF AUSTRALIA

CCL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1620

Appeal from:	CCL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 721
File number:	VID 559 of 2022
Judgment of:	DERRINGTON J
Date of judgment:	19 December 2023
Catchwords:	MIGRATION – determination by Immigration Assessment Authority not to grant Safe Haven Enterprise visa – whether material error arising from erroneous application of Migration Act 1958 (Cth) s 473DD – whether Authority conducted de novo review to extent required in circumstances where appellant relied on claims made by uncle in separate visa application – consideration of principles regarding scope of de novo review to be conducted by Authority – whether Secretary of Department of Immigration and Border Protection gave all relevant “review material” to Authority as required by s 473CB – appeal dismissed
Cases cited:	CCM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1619
Division:	General Division
Registry:	Victoria
National Practice Area:	Administrative and Constitutional Law and Human Rights
Number of paragraphs:	2
Date of hearing:	9 November 2023
Counsel for the Appellant:	Dr A McBeth
Solicitor for the Appellant:	Bardo Lawyers
Counsel for the First Respondent:	Ms E Hoiberg
Solicitor for the First Respondent:	Sparke Helmore Lawyers
Counsel for the Second Respondent:	The Second Respondent did not appear

ORDERS

VID 559 of 2022

BETWEEN:

CCL17

Appellant

AND:

MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

ORDER MADE BY:	DERRINGTON J
DATE OF ORDER:	19 DECEMBER 2023

THE COURT ORDERS THAT:

1.The appeal is dismissed.

2.The appellant is to pay the first respondent’s costs.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

DERRINGTON J:

Introduction

1. This appeal was heard together with the appeal in CCM17 v Minister for Immigration, Citizenship and Multicultural Affairs (VID 558 of 2022).  The appellant in this proceeding and CCM17, the appellant in that related proceeding, are brothers.  Their respective applications for a Safe Haven Enterprise (Subclass 790) visa were brought on the same grounds.  The grounds of appeal in this proceeding were the same as those in CCM17’s proceeding, and the same submissions were advanced on behalf of both appellants jointly.

   Conclusion

2. For the reasons given in CCM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1619, the appeal in this matter must also be dismissed. Similarly, for the reasons there given, the same order as to costs should be made.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Derrington.

Associate:       

Dated:       19 December 2023