DYS16 v Minister for Immigration and Border Protection [2018] FCAFC 33

FEDERAL COURT OF AUSTRALIA

DYS16 v Minister for Immigration and Border Protection [2018] FCAFC 33 Appeal from: DYS16 v Minister for Immigration and Border Protection [2017] FCCA 1975

File number: TAD 48 of 2017

Judges: TRACEY, MURPHY AND KERR JJ

Date of judgment: 13 March 2018

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court ("the FCC") – where the FCC had dismissed an application for judicial review of a decision of the Immigration Assessment Authority ("the IAA") – where the IAA had affirmed a decision of a delegate of the Minister to refuse to grant the applicant a Safe Haven Enterprise (Class XE) Subclass 790 visa – whether the FCC erred by dismissing the application for judicial review – whether the IAA had irrationally or illogically declined to have regard to "new information" constituted by a psychiatrist's opinion on the applicant's credibility because it was not satisfied that there were exceptional circumstances to permit it to do so pursuant to s 473DD of the Migration Act 1958 (Cth) – whether the IAA had misconstrued or misapplied s 473DD

Legislation: Migration Act 1958 (Cth) ss 473DC(1), 473DC(2), 473DD, 473DD(a), 473DD(b)(ii)

Cases cited: BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958 CHF16 v Minister for Immigration and Border Protection [2017] FCAFC 192 CQG15 v Minister for Immigration and Border Protection (2016) 70 AAR 413; [2016] FCAFC 146 DYS16 v Minister for Immigration and Border Protection [2017] FCCA 1975 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437; [2014] FCAFC 1 Minister for Immigration and Border Protection v SZUXN (2016) 69 AAR 210; [2016] FCA 516 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407; [2000] HCA 1