DEL16 v Minister for Immigration and Border Protection [2017] FCA 1401

FEDERAL COURT OF AUSTRALIA

DEL16 v Minister for Immigration and Border Protection [2017] FCA 1401 Appeal from: DEL16 v Minister For Immigration & Anor [2017] FCCA 1062

File number(s): QUD 271 of 2017

Judge(s): DERRINGTON J

Date of judgment: 30 November 2017

Catchwords: MIGRATION – application for judicial review of application for a Protection (Class XA) Visa – jurisdictional error – whether Tribunal erred in refusing to grant an adjournment – whether 'evident and intelligible justification' for adjournment considered MIGRATION – application for judicial review of application for a Protection (Class XA) Visa – jurisdictional error – failure to consider 'new' issues arising out of provision of additional information to tribunal – whether additional information raised 'new issue' considered MIGRATION – application for judicial review of application for a Protection (Class XA) Visa – jurisdictional error – failure to take into account relevant considerations – whether tribunal overlooked material in report considered

Legislation: Migration Act 1958 (Cth) s 425(1)

Cases cited: Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 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 MZYZA [2013] FCA 572 Minister for Immigration and Multicultural Affairs v SBAA [2002] FCAFC 195 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Minster for Immigration & Citizenship v SZKTI (2009) 238 CLR 489 SZBEL v Minister for Immigration & Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZHKA v Minister for Immigration & Citizenship (2008) 172 FCR 1