DJF16 v Minister for Home Affairs [2018] FCA 1285

FEDERAL COURT OF AUSTRALIA

DJF16 v Minister for Home Affairs [2018] FCA 1285 Appeal from: DJF16 v Minister for Immigration & Anor [2018] FCCA 1020

File number: QUD 253 of 2018

Judge: LOGAN J

Date of judgment: 8 August 2018

Catchwords: MIGRATION – appeal against Federal Circuit Court – fast track division – whether Tribunal took relevant information into account – Authority not obliged to consider documents – appeal dismissed.

Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 46A(2), 424, 424AA, 473CA, 473DC, 473DD

Cases cited: DKK16 v Minister for Immigration & Anor (2017) FCCA 3320 Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 92 ALJR 481

Date of hearing: 8 August 2018

Date of last submissions: 8 August 2018

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 19

Solicitor for the Appellant: Ms C Zhao of Crouch & Lyndon Lawyers

Counsel for the Respondents: Mr B McGlade

Solicitor for the Respondents: Clayton Utz

ORDERS QUD 253 of 2018

BETWEEN: DJF16 Appellant

AND: MINISTER FOR HOME AFFAIRS First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

JUDGE: LOGAN J DATE OF ORDER: 8 AUGUST 2018

THE COURT ORDERS THAT:

1. The appellant have leave to amend the notice of appeal so as to raise, as grounds of appeal, in substitution for those pleaded in those filed, Grounds 1, 2 and 3 as set out in the appellant's written submissions on 8 August 2018, by leave. 2. The filing and serving of an amended notice of appeal setting out those amended grounds be dispensed with. 3. The appeal be dismissed. 4. The appellant pay the costs of the first respondent, of and incidental to the cost of the appeal, to be taxed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.