Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DOP17 v Minister for Immigration and Border Protection [2019] FCA 129 Appeal from: Application for extension of time: DOP17 v Minister for Immigration and Anor [2018] FCCA 647
File number: NSD 767 of 2018
Judge: STEWARD J
Date of judgment: 20 February 2019
Catchwords: MIGRATION – application for extension of time and appeal from a judgment of the Federal Circuit Court of Australia – whether primary judge erred in dismissing an application for judicial review of a decision of the Immigration Assessment Authority affirming a refusal of a Safe Haven Enterprise visa application – whether Authority erred in assessing the risk of harm based upon a finding that the applicant could avoid harm from extortion by making a payment of money – whether Authority acted legally unreasonably in not inviting the applicant to give evidence at a hearing or in not considering whether it should exercise its power in s 473DC(3) of the Migration Act 1958 (Cth)
Legislation: Migration Act 1958 (Cth) ss 5J, 36, 473DB, 473DC, 473DD, 473DE, 473DF
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Minister for Immigration and Border Protection v CRY16 (2017) 253 FCR 475 Minister for Immigration and Border Protection v SZSCA (2014) 254 CLR 317 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 83 ALJR 1123 MZABP v Minister for Immigration and Border Protection (2015) 242 FCR 585 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 92 ALJR 481 Singh v Minister for Immigration and Border Protection [2017] FCA 150 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86
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