CNV17 v Minister for Home Affairs

[2020] FCAFC 59

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 10
Date 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:

1. 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:

1. 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