DTW16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 356

FEDERAL COURT OF AUSTRALIA

DTW16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 356 Appeal from: DTW16 v Minister for Immigration and Border Protection [2019] FCCA 2212

File number: NSD 1293 of 2019

Judge: COLLIER J

Date of judgment: 18 March 2020

Catchwords: MIGRATION – leave to appeal from Federal Circuit Court interlocutory decision to dismiss application to reinstate an earlier application for judicial review – reinstatement of proceedings – where applicant claimed the proceedings were affected by fraud – Federal Circuit Court Rules 2001 (Cth) – rule 16.05(2)(b) – proper particularisation of fraud – findings of credit by the primary Judge – requirements to reverse findings of credit on appeal – application dismissed

Legislation: Federal Circuit Court Rules 2001 (Cth) rr 13.03(1)(c), 16.05(2)(b), 16.05(2)(c) Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 2011 (Cth) r 35.13(b) Migration Act 1958 (Cth) s 476, 477

Cases cited: Abalos v Australian Postal Commission (1990) 171 CLR 167; [1990] HCA 47 Banque Commerciale SA v Akhil Holdings Ltd (1990) 169 CLR 279 Clone Pty Ltd v Players Pty Ltd (2018) 264 CLR 165; [2018] HCA 12 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397; [1991] FCA 655 DTW16 v Minister for Immigration [2019] FCCA 1185 EPH17 v Minister for Immigration and Border Protection (2019) 166 ALD 47; [2019] FCA 824 House v The King (1936) 55 CLR 499 Owners of SS Hontestroom v Owners of SS Sagaporack; SS Hontestroom v SS Durham Castle [1927] AC 37 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189; [2007] HCA 35 Three Rivers District Council v Bank of England (No.3) [2003] 2 AC 1 Watt (or Thomas) v Thomas [1947] AC 484; [1947] 1 All ER 582