FEDERAL CIRCUIT COURT OF AUSTRALIA
| CTY20 & ORS v MINISTER FOR IMMIGRATION & ANOR | [2020] FCCA 1900 |
| Catchwords: MIGRATION – visa application – review of claim – abuse of process – new evidence |
| Legislation: Migration Act 1958 (Cth), ss.5J(1)(a), 36(2), 473CB, 473DC(2), 473DD(b), 473FB(5), 477(1), 486D |
| First Applicant: | CTY20 |
| Second Applicant: | CUB20 |
| Third Applicant: | CUC20 |
| Fourth Applicant: | CUD20 |
| Fifth Applicant: | CTZ20 |
| Sixth Applicant: | CUA20 |
| First Respondent: | MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS |
| Second Respondent: | IMMIGRATION ASSESSMENT AUTHORITY |
| File Number: | BRG 330 of 2020 |
| Judgment of: | Judge Jarrett |
| Hearing date: | 9 April 2020 |
| Date of Last Submission: | 9 April 2020 |
| Delivered at: | Brisbane |
| Delivered on: | 15 July 2020 |
REPRESENTATION
| Counsel for the Applicant: | Mr Moxon |
| Solicitors for the Applicant: | Sydney West Legal and Migration |
| Solicitors for the Respondents: | Sparke Helmore |
ORDERS
The application filed on 16 June, 2020 be dismissed.
The first and second applicants pay the first respondent’s costs of and incidental to the application fixed in the sum of $7,467.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT BRISBANE |
BRG330 of 2020
| CTY20 |
First Applicant
| CUB20 |
Second Applicant
| CUC20 |
Third Applicant
| CUD20 |
Fourth Applicant
| CTZ20 |
Fifth Applicant
| CUA20 |
Sixth Applicant
And
| MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS |
First Respondent
| IMMIGRATION ASSESSMENT AUTHORITY |
Second Respondent
REASONS FOR JUDGMENT
The applicants seek an extension of time to apply for judicial review of a decision of the second respondent made on 20 April, 2018 which affirmed a decision of a delegate of the first respondent to refuse the grant of a Safe Haven Enterprise visa. Their application was originally filed on 9 October, 2019. On 26 March, 2020 they filed an amended application whereby they seek to abandon all of the grounds in the application as originally filed and replace it with a single different ground of review.
The applicants previously brought proceedings seeking relief of…
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- Case
- [2020] FCCA 1900
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court were whether the Minister's assessment of CTY20's claims of serious or significant harm was affected by an error of law, and whether the decision to refuse the visa application was affected by such an error. A secondary issue arose concerning whether the applicant's conduct constituted an abuse of process, particularly in light of new evidence presented by CTY20.
Judge Jarrett found that the Minister's assessment of the applicant's claims, including the specific allegations of 'psychological re-experiencing', was conducted in accordance with the relevant legal framework. The Court determined that there were no reasonable prospects of success for CTY20's application, as the evidence did not establish the necessary grounds for the visa to be granted. Furthermore, the Court concluded that the applicant's actions did not amount to an abuse of process, despite the introduction of new evidence. The Court ultimately dismissed the application for judicial review.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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