DDG17 v Minister for Home Affairs [2019] FCA 1608

FEDERAL COURT OF AUSTRALIA

DDG17 v Minister for Home Affairs [2019] FCA 1608 Appeal from: DDG17 v Minister For Home Affairs & Anor [2018] FCCA 3538

File number: NSD 2164 of 2018

Judge: ABRAHAM J

Date of judgment: 27 September 2019

Catchwords: MIGRATION – appeal from Federal Circuit Court dismissing application for judicial review of the decision of the Immigration Assessment Authority – where leave sought to raise grounds not relied upon in the Court below – where appellant claims that the Immigration Assessment Authority failed to address whether it should consider new information – where Immigration Assessment Authority failed to consider certain documents – where failure to do so could not have affected the outcome of the decision – leave to rely on new grounds granted – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 473CB, 473DB(1), 473DB(2), 473DC, 473DC(3), 473DD, Pt 7AA

Cases cited: AAM15 v Minister for Immigration and Border Protection [2015] FCA 804 BOZ16 v Minister for Immigration and Border Protection [2018] FCA 418 BVD17 v Minister for Immigration and Border Protection [2018] FCAFC 114; (2018) 261 FCR 35 CHZ19 v Minister for Home Affairs [2019] FCA 1112 DPI17 v Minister for Home Affairs [2019] FCAFC 43 EVS17 v Minister for Immigration and Border Protection [2019] FCAFC 20 FKO17 v Minister for Home Affairs [2019] FCA 98 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 92 ALJR 780 Iyer v Minister for Immigration & Multicultural Affairs [2000] FCA 1788 Minister for Immigration and Border Protection v CPA16 [2019] FCAFC 40 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 353 ALR 600 Soliman v University of Technology, Sydney [2012] FCAFC 146; (2012) 207 FCR 277 SZSKR v Minister for Immigration and Border Protection [2014] FCCA 2 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588