DZY17 v Minister for Home Affairs [2018] FCAFC 196

FEDERAL COURT OF AUSTRALIA

DZY17 v Minister for Home Affairs [2018] FCAFC 196 Appeal from: Application for leave to appeal from: DZY17 v Minister for Immigration and Border Protection [2018] FCCA 1987

File number: VID 883 of 2018

Judge: BESANKO, GRIFFITHS AND WHITE JJ

Date of judgment: 14 November 2018

Catchwords: MIGRATION – application for leave to appeal from a judgment and orders of the Federal Circuit Court of Australia (FCCA) – where the applicant filed a judicial review application in the FCCA in respect of a decision of the Administrative Appeals Tribunal (AAT) refusing to grant her a protection visa – where the applicant discontinued that judicial review application and, on that same day, filed a second judicial review application in the FCCA in respect of the same AAT decision – where the applicant did not disclose the existence of the first judicial review application in her second judicial review application, in breach of s 486D of the Migration Act 1958 (Cth) – whether the primary judge erred in determining that s 486D imposed a jurisdictional precondition to the commencement of the second judicial review application such that the failure to comply with the disclosure requirement meant that the FCCA lacked jurisdiction to hear and determine the second judicial review application PRACTICE AND PROCEDURE – application for leave to appeal from a judgment and orders of the FCCA – whether the primary judge's decision is attended by sufficient doubt to warrant reconsideration – whether substantial injustice would result to the applicant if leave to appeal were refused, supposing the decision to be wrong

Legislation: Federal Court of Australia Act 1976 (Cth), s 24(1A) Migration Act 1958 (Cth), s 486D Migration Litigation Reform Act 2005 (Cth)