DHL16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 245

FEDERAL COURT OF AUSTRALIA

DHL16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 245 Appeal from: DHL16 & Ors v Minister for Immigration & Anor [2019] FCCA 2403

File number(s): VID 876 of 2019

Judge(s): ANDERSON J

Date of judgment: 3 March 2020

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia (Circuit Court) dismissing application for judicial review of decision of Administrative Appeals Tribunal (Tribunal) refusing to grant protection visas – whether Tribunal failed to take into account health conditions of first and second appellant – whether Tribunal failed to consider appellants' claims for protection – whether Circuit Court erred in dismissing appellants' application for adjournment of hearing in that Court Held: appeal dismissed – Tribunal did not fail to take into account health conditions of first and second appellant – Tribunal did not fail to consider appellants' claims for protection – Circuit Court did not err in refusing adjournment application

Legislation: Migration Act 1958 (Cth) ss 424A(3)(a), 424A(3)(b), 424A(3)(ba), 425 and 425A

Cases cited: Chan v Minister for Immigration and Ethnic Affairs [1989] HCA 62; 169 CLR 379 DHL16 & Ors v Minister for Immigration & Anor [2019] FCCA 2403 House v The King [1936] HCA 40; 55 CLR 499 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 SZNXA v Minister for Immigration and Citizenship [2010] FCA 775