DDX16 v Minister for Immigration and Border Protection [2018] FCA 838

FEDERAL COURT OF AUSTRALIA

DDX16 v Minister for Immigration and Border Protection [2018] FCA 838 Appeal from: DDX16 v Minister for Immigration & Anor [2017] FCCA 2360

File number(s): NSD 1947 of 2017

Judge(s): DERRINGTON J

Date of judgment: 8 June 2018

Catchwords: MIGRATION – where the appellant sought leave to raise a new ground of appeal, which was opposed by the Respondent – Where the appellant had made claims about the security situation in Lebanon generally – where the AAT's decision referred to a member's own experiences in Lebanon – Where it was claimed that the information about the member's own experience should have been dealt with in accordance with s 424A(1) of the Act – Whether proposed new ground has sufficient merits – Where the information was excluded from the operation of s 424A(1) by operation of s 424A(3) – Where the information was country information that concerned persons living in Lebanon

Legislation: Constitution Migration Act 1958 (Cth)

Cases cited: Metwally v University of Wollongong (1985) 60 ALR 68 Coulton v Holcombe (1986) 162 CLR 1 BOZ16 v Minister for Immigration and Border Protection [2018] FCA 418 NAJT v Minister for Immigration (2005) 147 FCR 51 Lobban v Minister for Justice (2016) 244 FCR 76 Plaintiff M68/2015 v Minister for Immigration and Border Protection (2016) 257 CLR 42 VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 236 FCR 549 SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 1190 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 353 ALR 600 Khan v Minister for Immigration and Citizenship (2011) 192 FCR 713 SZMFZ v Minister for Immigration and Citizenship [2008] FCA 1890 Minister for Immigration and Citizenship v SZHXF (2008) 166 FCR 298