DED16 v Minister for Home Affairs [2019] FCAFC 18

FEDERAL COURT OF AUSTRALIA

DED16 v Minister for Home Affairs [2019] FCAFC 18 Appeal from: DED16 v Minister for Immigration & Anor [2018] FCCA 3074

File number: VID 1152 of 2018

Judges: BROMBERG, KERR AND CHARLESWORTH JJ

Date of judgment: 7 February 2019

Catchwords: MIGRATION – Appeal from judgment of Federal Circuit Court of Australia on judicial review of a decision of the Administrative Appeals Tribunal – Tribunal affirming a decision to refuse to grant a protection visa to a Nepalese citizen – Tribunal finding the visa applicant had not taken all possible steps to avail himself of a right to enter and reside in India within the meaning of s 36(3) of the Migration Act 1958 (Cth) – Tribunal having regard to evidence of the existence of an administrative arrangement published on an Indian government website – whether in all cases s 36(3) requires the decision-maker to have regard to the source of a right of entry and residence given by, or arising out of, an administrative arrangement – no jurisdictional error detected by primary judge – no appealable error in judgment appealed from

Legislation: Migration Act 1958 (Cth) s 36

Cases cited: DED16 v Minister for Immigration & Anor [2018] FCCA 3074 Minister for Immigration and Border Protection v SZUSU (2016) 237 FCR 305 Minister for Immigration, Multicultural Affairs and Citizenship v SZRHU (2013) 215 FCR 35 MZZXS v Minister for Immigration and Border Protection [2015] FCA 1384 SZTOX v Minister for Immigration and Border Protection [2015] FCAFC 77 V856/00A v Minister for Immigration and Multicultural Affairs (2001) 114 FCR 408