DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91

FEDERAL COURT OF AUSTRALIA

DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91 Appeal from: DCP16 v Minister for Immigration & Anor [2019] FCCA 57

File number(s): VID 76 of 2019

Judge(s): BEACH, O'CALLAGHAN AND ANASTASSIOU JJ

Date of judgment: 31 May 2019

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court refusing judicial review application concerning decision of Immigration Assessment Authority – decision of Authority to refuse Safe Haven Enterprise visa – failure to consider claim or integer of claim – failure to apply correct legal test – findings concerning ability to pay fine and to obtain a surety said to be illogical and unreasonable – unreasonable failure to consider whether to exercise or unreasonable failure to exercise power under s 473DC of the Migration Act 1958 (Cth) – appeal dismissed

Legislation: Immigrants and Emigrants Act 1948 (Sri Lanka) Migration Act 1958 (Cth) Pt 7AA, ss 5H, 5J, 36(2), 36(2A), 473DB, 473DC, 473DD

Cases cited: ABA15 v Minister for Immigration and Border Protection [2016] FCA 1419 Lee v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 464 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v CRY16 (2017) 253 FCR 475 Minister for Immigration and Border Protection v DZU16 (2018) 253 FCR 526 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 353 ALR 600 SZTAP v Minister for Immigration and Border Protection (2015) 238 FCR 404 Tran v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 297