Recent Cases

Minister for Home Affairs v DUA16 [2019] FCAFC 221 (10 December 2019) (Griffiths, Mortimer and Wheelahan JJ)


MIGRATION – appeal from the Federal Circuit Court – whether the primary judge erred in concluding that decisions of the Immigration Assessment Authority were vitiated due to fraudulent conduct of respondents’ representative –– primary judge’s characterisation of the representative’s conduct as ‘reckless indifference’ an implicit finding of fraud – respondents’ representative’s fraudulent conduct stultified the IAA’s function and vitiated the decisions – IAA was misled as to the factual nature of the respondents’ claims and did not seek alternative information from the respondents – primary judge’s reasoning adequately explained – appeals dismissed with costs.