DGR16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 657

FEDERAL COURT OF AUSTRALIA

DGR16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 657 Appeal from: DGR16 & Ors v Minister for Immigration & Anor (No 2) [2018] FCCA 910

File number: NSD 723 of 2018

Judge: PERRY J

Date of judgment: 15 May 2020

Catchwords: MIGRATION – appeal from Federal Circuit Court dismissing application for judicial review of a decision by Administrative Appeals Tribunal (AAT) to affirm delegate's decision refusing to grant the appellant a protection visa – whether breach of requirement in s 424A, Migration Act, to give particulars of any information which may be the reason for affirming delegate's decision – where no requirement on Tribunal to give particulars of its subjective appraisal of evidence or thought processes - whether Tribunal's rejection of the appellant's claims was legally unreasonable – appeal dismissed PRACTICE AND PROCEDURE – application for adjournment refused – where appeal adjourned a number of times in the past for significant mental health issues on the basis of medical evidence – where medical evidence on this occasion did not establish utility of an adjournment – where measures were adopted to facilitate hearing having regard to the appellants' special circumstances

Legislation: Migration Act 1958 (Cth) ss 422B, 424AA, 424A

Cases cited: BSY16 v Minister for Home Affairs [2019] FCA 140 Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28; (2016) 240 FCR 158 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 MZAGE v Minister for Immigration and Border Protection [2016] FCA 630 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 [2003] HCA 30; (2003) 77 ALJR 1165 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; (2007) ALJR 1190