CZO18 v Minister for Home Affairs (No 2) [2019] FCA 1360

CZO18 v Minister for Home Affairs (No 2) [2019] FCA 1360

The appeal was dismissed because the appellant did not demonstrate that the driver's licence, Family Registration Certificate or Facebook screenshots were material to the Immigration Assessment Authority's decision, and the Court's own examination showed that the Authority's decisional matters did not turn on identity evidence or on the Facebook screenshots but on the factual foundation of the protection claims, inconsistencies and discrepancies, and country information.

Jurisdiction
Australia
Judgment Date
23 August 2019
Procedural Posture
Migration Appeal From the Federal Circuit Court of Australia / Appeal Heard After Grant of Extension of Time to File the Appeal
Outcome
Appeal dismissed.
Legal Topics
['immigration Assessment Authority Review' 'extension of Time' 'materiality' 'failure to Provide Documents Under S 473 Cb(1) of the Migration Act 1958 (cth)' 'identity Evidence' 'country Information']
['migration' 'administrative Law'] ['immigration Assessment Authority Review' 'extension of Time' 'materiality' 'failure to Provide Documents Under S 473 Cb(1) of the Migration Act 1958 (cth)' 'identity Evidence' 'country Information']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Circuit Court of Australia / Appeal Heard After Grant of Extension of Time to File the Appeal

Legal Issues

  1. 1 ["Whether documents provided to the delegate but not to the Immigration Assessment Authority in contravention of s 473CB(1) of the Migration Act 1958 (Cth) were material to the Authority's decision." "Whether the appellant's driver's licence, Family Registration Certificate or Facebook screenshots were relevant or material to the decisional matters of the Immigration Assessment Authority." 'Whether the appeal should be dismissed where the appellant did not appear and did not demonstrate materiality of the documents.']

Ratio Decidendi

The appeal was dismissed because the appellant did not demonstrate that the driver's licence, Family Registration Certificate or Facebook screenshots were material to the Immigration Assessment Authority's decision, and the Court's own examination showed that the Authority's decisional matters did not turn on identity evidence or on the Facebook screenshots but on the factual foundation of the protection claims, inconsistencies and discrepancies, and country information.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' "The appellant pay the costs of the first respondent (now described as the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs) of and incidental to the appeal including the costs of the appellant's application for an extension of time within which to bring...