Full Court Minute Books

Case M57-M58/2020

Minister for Home Affairs v. DUA16 & Anor
Minister for Home Affairs v. CHK16 & Anor

Case No.

M57/2020; M58/2020

Case Information

Lower Court Judgment

10/12/2019 Federal Court of Australia (Griffiths, Mortimer & Wheelahan JJ)

[2019] FCAFC 221


Migration law – Third party fraud – Where migration agent (“Agent”) acting for each of respondents provided “submissions” to Immigration Assessment Authority (“IAA”) on their behalf – Where “submissions” pro forma and contained information that did not relate to respondents – Where there was no evidence that respondents had asked Agent to make particular “submissions” to IAA, nor evidence that either respondent wanted to provide “new information” to IAA – Where Full Court of Federal Court held that Agent engaged in fraudulent conduct and dismissed appeal from decision of Federal Circuit Court to quash IAA’s decisions in respondents’ cases on ground that they were stultified by Agent’s fraud – Whether Agent’s fraudulent conduct in how respondents’ cases put to IAA stultified, disabled, or subverted IAA’s review of Minister’s delegate’s decision – Status and significance of “submissions” in assessing effect of fraudulent conduct on IAA’s review processes.

Short particulars


29/05/2020 Hearing (SLA, Brisbane and video connection)

12/06/2020 Notices of appeal

17/07/2020 Joint written submissions (Appellant)

17/07/2020 Chronology - DUA16 (Appellant)

17/07/2020 Chronology - CHK16 (Appellant)

14/08/2020 Written submissions (Respondents)

04/09/2020 Reply

14/10/2020 Hearing (Full Court, Canberra)

14/10/2020 Outline of oral argument (Appellant)

14/10/2020 Outline of oral argument (Respondents)

09/12/2020 Judgment (Judgment summary)