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

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

Because the appellant's grounds of appeal and submissions were the same as those in CCM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1619, the reasons given in that matter required this appeal also to be dismissed, with the same costs order.

Jurisdiction
Australia
Judgment Date
19 December 2023
Procedural Posture
Migration Appeal / Appeal From CCL17 V Minister for Immigration, Citizenship and Multicultural Affairs [2022] Fed Cfam C2 G 721; Appeal Dismissed
Outcome
Appeal dismissed.
Legal Topics
['safe Haven Enterprise Visa' 'immigration Assessment Authority' 'migration Act 1958 (cth) S 473 Dd' 'migration Act 1958 (cth) S 473 Cb' 'review Material' 'de Novo Review']
['migration' 'administrative and Constitutional Law and Human Rights'] ['safe Haven Enterprise Visa' 'immigration Assessment Authority' 'migration Act 1958 (cth) S 473 Dd' 'migration Act 1958 (cth) S 473 Cb' 'review Material' 'de Novo Review']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From CCL17 V Minister for Immigration, Citizenship and Multicultural Affairs [2022] Fed Cfam C2 G 721; Appeal Dismissed

Legal Issues

  1. 1 ['Whether material error arose from erroneous application of Migration Act 1958 (Cth) s 473DD.' 'Whether the Immigration Assessment Authority conducted the de novo review required where the appellant relied on claims made by his uncle in a separate visa application.' 'Whether the Secretary of the Department of Immigration and Border Protection gave all relevant "review material" to the Authority as required by s 473CB.']

Ratio Decidendi

Because the appellant's grounds of appeal and submissions were the same as those in CCM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1619, the reasons given in that matter required this appeal also to be dismissed, with the same costs order.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' "The appellant is to pay the first respondent's costs."]