DTP18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 56

Federal Court of Australia

DTP18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 56 Appeal from: DTP18 v Minister for Immigration & Anor [2020] FCCA 416

File number: SAD 38 of 2020

Judgment of: WIGNEY J

Date of judgment: 4 February 2021

Catchwords: PRACTICE AND PROCEDURE – application for extension of time in which to file an appeal from a decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision to refuse a protection visa – where explanation for delay was unsatisfactory – where delay was short and no prejudice was caused to the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs – application for extension of time granted MIGRATION – appeal from a decision of the Federal Circuit Court of Australia in relation to a decision to refuse an application for a protection visa – where appellant sought to raise new grounds on appeal not previously raised in the court below – whether leave should be given to raise new grounds on appeal – where no prejudice was caused to the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs – whether new grounds had any merit – whether the Immigration Assessment Authority failed to consider a claim made by the appellant in support of visa application – whether the findings of the Immigration Assessment Authority were legally unreasonable – whether the Immigration Assessment Authority unreasonably rejected the corroborative value of documentary material – whether the Immigration Assessment Authority failed to consider making an obvious enquiry – where no jurisdictional error was found – where grounds of appeal considered to not have any merit – appeal dismissed