Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DOB18 v Minister for Home Affairs [2019] FCAFC 63 Appeal from: DOB18 v Minister for Home Affairs [2018] FCA 1523
File number: NSD 2040 of 2018
Judges: RARES, LOGAN AND ROBERTSON JJ
Date of judgment: 18 April 2019
Catchwords: MIGRATION – appeal from judgment of judge of the Federal Court of Australia – whether the primary judge erred in concluding that the Minister had not fallen into jurisdictional error in reasoning that it was unnecessary to determine whether non-refoulement obligations were owed in respect of the appellant – whether the primary judge erred in reaching the conclusion that non-refoulement considerations would be (necessarily, as a matter of law) considered in any future protection visa application that the appellant might bring, even if the application were determined by the Minister personally – whether the primary judge erred in relying upon different stages of decision-making – relevant distinction between considering harm, or the risk of harm and hardship, and considering whether or not, if the appellant made a protection visa application, non-refoulement obligations would then be fully considered – consideration of BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456 – Held: appeal dismissed PRACTICE AND PROCEDURE – refusal of leave to raise new ground on appeal that the Minister fell into jurisdictional error in making the decision under s 501BA of the Migration Act 1958 (Cth) outside a reasonable time for the making of such a decision
Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 4, 5, 5M, 13, 14, 15, 29, 36, 46, 47, 65, 84, 86, 189, 193, 194, 195, 196, 197C, 198, 476A 496, 500, 501, 501A, 501B, 501BA, 501CA, 501E, 501G Migration Amendment (Character Cancellation Consequential Provisions) Act 2017 (Cth) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) ss 5, 5M Wartime Refugees Removal Act 1949 (Cth) Migration Regulations 1994 (Cth) reg 2.52; Sch 2
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