FOA18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 815

FEDERAL COURT OF AUSTRALIA

FOA18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 815 Appeal from: Application for an extension of time: FOA18 v Minister for Home Affairs [2019] FCCA 2204

File number: NTD 31 of 2019

Judge: WHITE J

Date of judgment: 11 June 2020

Catchwords: MIGRATION – applications for extension of time and application for leave to appeal from the Federal Circuit Court dismissing an application for judicial review of the decision of the Immigration Assessment Authority (the IAA) refusing the Applicant's application for a Safe Haven Enterprise Visa – whether and to what extent the Applicant would be prejudiced if extension of time was refused – whether the IAA should have considered a claim based on apostasy – whether it was legally unreasonable for the IAA not to have interviewed the Applicant pursuant to s 473DC of the Migration Act 1958 (Cth) before rejecting a claim which the Minister's delegate accepted in part on the basis of the Applicant's demeanour – whether an independent evidentiary basis existed for rejecting kidnapping claim. Held: extension of time granted – appeal allowed on the basis of the second ground.

Legislation: Migration Act 1958 (Cth) ss 473DC, 476 Federal Court Rules 2011 (Cth) r 36.03

Cases cited: ASB17 v Minister for Home Affairs [2019] FCAFC 38; (2019) 268 FCR 271 CGA15 v Minister for Home Affairs [2019] FCAFC 46; (2019) 268 FCR 362 DPI17 v Minister for Home Affairs [2019] FCAFC 43; (2019) 366 ALR 665 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 197 ALR 389 DWR16 v Minister for Immigration and Border Protection [2019] FCA 2021 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; (2001) 233 FCR 136 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; (2017) 253 FCR 475 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 MZZNU v Minister for Immigration and Border Protection [2017] FCA 496 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 O'Brien v Komesaroff (1982) 150 CLR 310 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217 W161/01A v Minister for Immigration and Multicultural Affairs [2002] FCA 285 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Water Board v Moustakas (1988) 180 CLR 491