ELQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 27 (05 March 2021) (Bromberg, Anastassiou and Anderson JJ)


Catchwords:


MIGRATION – appeal from the Federal Circuit Court of Australia – evaluative judgment under s 473DD – whether primary judge erred by failing to reach state of satisfaction in s 473DD – whether primary judge erred by failing to recognise that the Immigration Assessment Authority had not engaged in an active intellectual process – whether primary judge erred by failing to recognise that Authority had not considered whether there were exceptional circumstances to justify considering new information – appeal dismissed