EAT17 v Minister For Home Affairs [2021] FCA 68

Federal Court of Australia

EAT17 v Minister For Home Affairs [2021] FCA 68 Appeal from: EAT17 v Minister for Immigration & Anor [2018] FCCA 3036

File number: WAD 522 of 2018

Judgment of: MCKERRACHER J

Date of judgment: 5 February 2021

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Immigration Assessment Authority refusing the grant of a Safe Haven Enterprise visa – whether the Authority unreasonably failed to consider exercising the discretion in s 473DC of the Migration Act 1958 (Cth) to obtain further information – whether the Authority made its decision on a different basis to the delegate – whether the Authority did in fact fail to consider exercising the discretion – consideration of ASB17 v Minister for Home Affairs [2019] FCAFC 38 and BVD17 v Minister for Immigration and Border Protection [2019] HCA 34 MIGRATION – complementary protection assessment – whether the Authority failed to consider whether it would be reasonable for the appellant to relocate within Sri Lanka – whether the Authority made its decision on a different basis to the delegate by finding that the appellant could live with his parents in Jaffna – where the appellant's claim of harm was confined to Trincomalee – where the appellant's parents in fact reside in Mullaitivu – whether the issue of relocation was dispositive of the Authority's decision – whether the Authority complied with s 36(2B) of the Migration Act PRACTICE AND PROCEDURE – application to amend and rely on fresh grounds of appeal – whether it is expedient in the interests of justice to allow the amendments