Recent Cases

DNU20 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 148 (01 September 2022) (Bromberg, Moshinsky and Hespe JJ)


MIGRATION – appeal from an order of the Federal Circuit and Family Court of Australia (Division 2) – where the primary judge upheld a decision of the Second Respondent to affirm a decision made by a delegate of the First Respondent to refuse to grant a Safe Haven Enterprise visa to the Appellant – where failure to comply with s 473CB(1)(d) of the Migration Act 1958 (Cth) was conceded because the Secretary of the First Respondent failed to provide the Authority with the Appellant’s residential address – whether the Secretary’s statutory duty to provide the Authority with details of the Appellant’s address was a precondition to the valid exercise of the Authority’s decision‑making power – whether the Secretary’s error in failing to notify the Authority of the Appellant’s residential address was material.