Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DXM16 v Minister for Immigration and Border Protection [2019] FCA 733 Appeal from: DXM16 v Minister for Immigration and Border Protection & Anor [2018] FCCA 3675
File number(s): VID 1649 of 2018
Judge(s): BEACH J
Date of judgment: 20 May 2019
Catchwords: MIGRATION – protection (Safe Haven Enterprise) visa – jurisdictional error – failure to take into account relevant considerations – procedural fairness – unreasonableness – illogicality or irrationality – appeal from Federal Circuit Court – appeal dismissed
Legislation: Immigrants and Emigrants Act (Sri Lanka) Migration Act 1958 (Cth) Pt 7AA, ss 36(2)(a), 36(2)(aa), 473CB, 473DA, 473DD, 473DB(2), 473DC(2)
Cases cited: Lee v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 464 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Tran v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 297
Date of hearing: 20 May 2019
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 45
Counsel for the Appellant: The Appellant appeared in person with the assistance of an interpreter
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