DQG16 v Minister for Immigration and Border Protection [2018] FCA 2021

FEDERAL COURT OF AUSTRALIA

DQG16 v Minister for Immigration and Border Protection [2018] FCA 2021 Appeal from: DQG16 v Minister for Immigration & Anor [2018] FCCA 1047

File number: SAD 139 of 2018

Judge: BESANKO J

Date of judgment: 17 December 2018

Catchwords: MIGRATION – appeal from an order made by the Federal Circuit Court of Australia – where appellant's application for a Protection (Class SA) visa (Protection visa) was refused – where appellant applied for a review of the delegate's decision by the Administrative Appeals Tribunal – where Tribunal affirmed the decision not to grant the appellant a Protection visa – where appellant lodged an application for judicial review of the Tribunal's decision – where primary judge rejected the appellant's four grounds of appeal – where, on appeal to this Court, the appellant raised two grounds of appeal – where first ground of appeal not raised before the primary judge – where second ground of appeal lacks particularity – whether any error in the reasons for judgment of the primary judge – whether any error in the decision of the Tribunal – whether appeal ought to be dismissed with costs PRACTICE AND PROCEDURE – where hearing of appeal in this Court adjourned so that a barrister might appear on the appellant's behalf – where appellant sought further adjournment of appeal so as to allow a lawyer to assist him – where appellant had not progressed the matter in any way since the previous adjournment – where no reasonable prospect that the appellant would progress the matter within an acceptable period if a further adjournment were granted – where further adjournment refused

Legislation: Migration Act 1958 (Cth) ss 36, 424, 438 Migration Regulations 1994 (Cth) Sch 2