Recent Cases

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EGZ17 [2022] FCAFC 12 (11 February 2022) (Beach, Thawley and Cheeseman JJ)


MIGRATION – Immigration Assessment Authority (IAA) – where primary judge found that the “receiving country” at the time of the IAA’s decision, namely Afghanistan, had ceased to exist and that there was the “new existence of a county being the Islamic Emirate of Afghanistan” with the result that the IAA’s decision some four years earlier was “illogical and irrational and wanting in evident justification as to amount to legal unreasonableness” – whether primary judge erred in admitting evidence considered to be relevant to the existence or otherwise of Afghanistan – evidence was irrelevant and erroneously admitted – whether existence of receiving country a jurisdictional fact or condition precedent to exercise of the IAA’s power – whether the events in Afghanistan which occurred over four years after IAA decision were relevant to the application for judicial review – such events not relevant to the question of jurisdictional error on the part of the IAA – appeal allowed