DAB16 v Minister for Home Affairs [2019] FCA 2114

FEDERAL COURT OF AUSTRALIA

DAB16 v Minister for Home Affairs [2019] FCA 2114 Appeal from: DAB16 v Minister for Immigration & Anor [2018] FCCA 3957

File number: WAD 614 of 2018

Judge: CHARLESWORTH J

Date of judgment: 11 December 2019

Catchwords: ADMINISTRATIVE LAW – challenge to a finding of fact on judicial review of an administrative decision-maker – whether it was open to the appellant for judicial review to adduce new evidence to show that a fact on which the decision was based did not exist – whether the decision-maker committed jurisdictional error by basing findings of fact on country information contained in a report prepared by the Department of Foreign Affairs and Trade – whether the information contained in the report was probative – role of the Federal Circuit Court of Australia exercising jurisdiction conferred by s 476(1) of the Migration Act 1958 (Cth)

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Migration Act 1958 (Cth) ss 5H, 36, 473CB, 476, 486F, Pt 7AA

Cases cited: Applicant NABD of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 29; (2005) 216 ALR 1 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 DAB16 v Minister for Immigration & Anor [2018] FCCA 3957 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 NBKT v Minister for Immigration and Multicultural Affairs (2006) 156 FCR 419 SZUEP v Minister for Immigration and Border Protection (2017) 160 ALD 35