CNV17 v Minister for Home Affairs
[2020] FCAFC 59
•3 April 2020
FEDERAL COURT OF AUSTRALIA
CNV17 v Minister for Home Affairs [2020] FCAFC 59
Appeal from: Application for leave to appeal: CNV17 v Minister for Immigration & Anor [2018] FCCA 2408 File numbers: WAD 437 of 2018 Judges: GREENWOOD, MCKERRACHER AND BURLEY JJ Date of judgment: 3 April 2020 Catchwords: MIGRATION – consideration of whether the Immigration Assessment Authority (the “IAA”) in reaching its decision in the exercise of its statutory review function relied upon reports and information which were contradicted by, and inconsistent with, other cited reports on material issues relating to safety in the receiving country and in a place of relocation within the receiving country – consideration of the process of reasoning of the IAA – consideration of whether the IAA acted upon “unreliable information” – consideration of whether the IAA reached a decision affected by legal unreasonableness – consideration, in that context, of CRI026 v Republic of Nauru (2018) 355 ALR 216 Legislation: Migration Act 1958 (Cth), ss 5J, 5H, 36(2)(a), 36(2)(aa), 36(2A), 36(2B) Cases cited: Belhaven and Stenton Peerage (1875) 1 App. Cas 278
CRI026 v Republic of Nauru (2018) 355 ALR 216
Minister for Immigration and Citizenship v Li (2013) 249 CLR 332
Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437
Minister for Immigration and Border Protection v SZVFW (2018) 357 ALR 408
Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 78 ALJR 992
NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10Date of hearing: 27 February 2019 Date of last submissions: 27 February 2019 Registry: Western Australia Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: Catchwords Number of paragraphs: 2 Counsel for the Appellant: G McIntyre SC Solicitor for the Appellant: D’Angelo Legal Counsel for the Respondents: P R Macliver Solicitor for the Respondents: Australian Government Solicitor ORDERS
WAD 437 of 2018 BETWEEN: CNV17
Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent
IMMIGRATION ASSESSMENT AUTHORITY
Second Respondent
JUDGES:
GREENWOOD, MCKERRACHER AND BURLEY JJ
DATE OF ORDER:
3 APRIL 2020
THE COURT ORDERS THAT:
1.The appeal is dismissed.
2.The appellant pay the costs of the first respondent of and incidental to the appeal.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
GREENWOOD J:
This appeal from orders of the Federal Circuit Court of Australia dismissing the appellant’s application before that Court for judicial review (and the grant of the constitutional writs) of a decision of the Immigration Assessment Authority (the “IAA”) affirming a decision of the Minister’s delegate to refuse the appellant’s application for the grant of a Safe Haven visa, was heard together with appeals by appellants BJI17, CVQ17 and BYG17. The orders made in this appeal are that the appeal is dismissed and the appellant pay the first respondent’s costs of and incidental to the appeal. The reasons which explain the basis for making those orders are set out in the reasons for judgment of Greenwood J (McKerracher and Burley JJ agreeing) in BJI17 v Minister for Home Affairs [2020] FCAFC 58. The reasons in this appeal are to be read together with the reasons in appeal BJI17 which address the contentions on appeal by each of appellants BJI17, CNV17, CVQ17 and BYG17 (both as to matters specific to each appellant and as to matters of principle submitted on behalf of all four appellants).
I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Greenwood. Associate:
Dated: 3 April 2020
REASONS FOR JUDGMENT
McKERRACHER AND BURLEY JJ:
We agree that the appeal must be dismissed with costs for the reasons given by Greenwood J.
We certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justices McKerracher and Burley. Associate:
Dated: 3 April 2020
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