DVE18 v Minister for Home Affairs [2019] FCA 1389

FEDERAL COURT OF AUSTRALIA

DVE18 v Minister for Home Affairs [2019] FCA 1389 File number: NSD 1318 of 2018

Judge: MARKOVIC J

Date of judgment: 30 August 2019

Catchwords: MIGRATION – application for an extension of time to file application for review of a decision of the Minister for Home Affairs (Minister) – whether the application had sufficient prospects of success – application allowed MIGRATION – application for review of the Minister's decision to refuse the applicant's application for an Offshore Humanitarian visa Refugee and Humanitarian (Class XB) visa – where Minister not satisfied that applicant passed character test in s 501(1) of the Migration Act 1958 (Cth) (Act) – whether Minister failed to take into account physical safety of applicant's wife and child and thereby denied the applicant procedural fairness and failed to undertake his statutory task – whether s 501(6) of the Act, properly construed, extends to conduct committed wholly outside Australia by a group not present in Australia – application dismissed

Legislation: Acts Interpretation Act 1901 (Cth) s 21(1)(b) Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG, 37AI Migration Act 1958 (Cth) ss 477A, 501(1), 501(6)

Cases cited: Australian Securities Commission v Bank Leumi Le-Israel (1995) 134 ALR 101 Coker v Minister for Immigration and Border Protection (2017) 160 ALD 588; [2017] FCA 929 Minister for Immigration and Border Protection v Egan [2018] FCA 1320 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Rere v Minister for Immigration and Border Protection [2018] FCA 846 Sabharwal v Minister for Immigration and Border Protection (2018) 159 ALD 86; [2018] FCA 10