DLE16 v Minister for Home Affairs [2019] FCA 136

FEDERAL COURT OF AUSTRALIA

DLE16 v Minister for Home Affairs [2019] FCA 136 Appeal from: DLE16 v Minister for Immigration & Anor [2018] FCCA 1392

File number(s): NSD 1570 of 2018

Judge(s): DERRINGTON J

Date of judgment: 15 February 2019

Catchwords: MIGRATION – application for extension of time to appeal from Federal Circuit Court's refusal to set aside decision of Administrative Appeals Tribunal – whether Administrative Appeals Tribunal's decision affected by jurisdictional error – whether the Administrative Appeals Tribunal's findings were open to it – whether the Administrative Appeals Tribunal had regard to all relevant material – whether the Administrative Appeals Tribunal approached its task with bias – no jurisdictional error – no error in primary judge's reasons – appeal dismissed

Legislation: Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: BLD16 v Minister for Immigration and Border Protection [2017] FCA 1400 Dunlop v Fishburn (No 3) [2012] FCA 315 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Minister for Immigration & Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration & Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Parker v The Queen [2002] FCAFC 133 QAAH v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 9 Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 SZLIH v Minister for Immigration & Citizenship [2009] FCA 108 SZSDA v Minister for Immigration & Citizenship (2012) 135 ALD 17 VAUX v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 238 FCR 588