DCJ16 v Minister for Immigration and Border Protection [2018] FCA 1865

FEDERAL COURT OF AUSTRALIA

DCJ16 v Minister for Immigration and Border Protection [2018] FCA 1865 Appeal from: DCJ16 v Minister for Immigration and Anor [2018] FCCA 1141

File number: NSD 852 of 2018

Judge: LEE J

Date of judgment: 7 November 2018

Catchwords: PRACTICE AND PROCEDURE – application for leave to file a further amended notice of appeal incorporating new grounds MIGRATION – appeal from the Federal Circuit Court – whether the primary judge erred in failing to conclude that the reasons of the Immigration Assessment Authority were affected by legal unreasonableness and failed to give genuine and realistic consideration to relevant information

Legislation: Migration Act 1958 (Cth), Pt 7AA

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 ARK16 v Minister for Immigration and Border Protection [2018] FCA 825 ETA067 v Republic of Nauru [2018] HCA 46; (2018) 92 ALJR 1003 Gill v Minister for Immigration and Border Protection [2017] FCAFC 51; (2017) 250 FCR 309 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; (2014) 309 ALR 67 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 243 CLR 164 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 MZYPO v Minister for Immigration and Citizenship [2013] FCAFC 1 Parker v Minister for Immigration and Border Protection [2016] FCAFC 185; (2016) 247 FCR 500