DMU16 v Minister for Immigration and Border Protection [2018] FCA 1334

FEDERAL COURT OF AUSTRALIA

DMU16 v Minister for Immigration and Border Protection [2018] FCA 1334 Appeal from: DMU16 v Minister for Immigration & Anor [2018] FCCA 276

File number: NSD 327 of 2018

Judge: THAWLEY J

Date of judgment: 3 September 2018

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – where Federal Circuit Court dismissed an application for review of a decision of the Immigration Assessment Authority – whether Authority was required to engage in "more specific reasoning" in relation to threats purportedly made to the appellant – whether Authority failed to engage in an "active intellectual process" in relation to each integer of the appellant's claims PRACTICE AND PROCEDURE – application for leave to rely on grounds not raised below – whether in the interests of justice to grant leave – where grounds had no real merit – leave refused

Cases cited: ADF15 v Minister for Immigration and Border Protection [2018] FCA 1099 Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 MZAGE v Minister for Immigration and Border Protection [2016] FCA 630 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 144 FCR 1 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51 SZVLE v Minister for Immigration and Border Protection [2017] FCA 90 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588