DME16 v Minister for Immigration and Border Protection [2019] FCA 2135

FEDERAL COURT OF AUSTRALIA

DME16 v Minister for Immigration and Border Protection [2019] FCA 2135 Appeal from: DME16 v Minister for Immigration and Border Protection (No. 3) [2017] FCCA 2056

File number: NSD 1432 of 2017

Judge: FLICK J

Date of judgment: 19 December 2019

Catchwords: MIGRATION – s 438 notification – non-disclosure of information – non-disclosure not material to decision reached – no denial of procedural fairness MIGRATION – failure to provide "clear particulars" of information PRACTICE AND PROCEDURE – alleged failure to advise as to ability to seek extra time to respond – argument going beyond amended notice of appeal – argument raised below and abandoned – ground abandoned on appeal

Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 375A, 359, 424A, 424AA, 438, 440

Cases cited: Applicant VCAT of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 141 BXD15 v Minister for Immigration and Border Protection [2017] FCA 1209 CHZ19 v Minister for Home Affairs (No 2) [2019] FCA 1112 DME16 v Minister for Immigration & Border Protection [2017] FCCA 1791 DME16 v Minister for Immigration & Border Protection (No 2) [2017] FCCA 2055 Minister for Immigration and Border Protection v Singh [2016] FCAFC 183, (2016) 244 FCR 305 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3, (2019) 163 ALD 38 Nguyen v Minister for Home Affairs [2019] FCAFC 128 Parvin v Minister for Immigration and Border Protection [2019] FCAFC 86 SAAP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] HCA 24, (2005) 228 CLR 294 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26, (2007) 235 ALR 609 SZNSC v Minister for Immigration and Citizenship [2009] FCA 1436, (2009) 112 ALD 490 SZWCO v Minister for Immigration and Border Protection [2016] FCA 51 Tam v Minister for Immigration and Border Protection [2019] FCA 780