DAE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 79

Federal Court of Australia

DAE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 79 Appeal from: Application for extension of time for leave to appeal and leave to appeal from: DAE18 v Minister for Immigration & Anor [2020] FCCA 1703

File number: VID 460 of 2020

Judgment of: DAVIES J

Date of judgment: 9 February 2021

Catchwords: MIGRATION – fast track review – consideration of new information under s 473DD of the Migration Act 1958 (Cth) – factors in sub-ss 473DD(a) and (b) cumulative – meaning of "credible" for the purposes of sub-s 473DD(b)(ii) – Immigration Assessment Authority entitled to assess truthfulness of credible personal information for purposes of considering whether "exceptional circumstances" exist to justify consideration of new information for the purposes of sub-s 473DD(a) PRACTICE AND PROCEDURE – application for leave to appeal interlocutory decision of the Federal Circuit Court – where Federal Circuit Court dismissed application for reinstatement of judicial review proceedings for non-appearance at directions hearing – whether primary judge correctly exercised discretion under r 16.05(2)(a) of the Federal Circuit Court Rules 2001 (Cth) – primary judge failed to consider material consideration of applicant's personal circumstances in determining whether he had a reasonable excuse for non-appearance – primary judge correctly concluded the applicant had no reasonable prospects of success on substantive application – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) ss 24(1)(d); 24(1A) Migration Act 1958 (Cth) ss 5, 5AA, pt 7AA, s 473DD Federal Circuit Court Rules 2001 (Cth) rr 13.03C(1)(c), 16.05(2)(a)