Federal Court of Australia
Federal Court of Australia
DDP16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 275 Appeal from: DDP16 v Minister for Immigration and Anor [2020] FCCA 1248
File number: VID 425 of 2020
Judgment of: WHEELAHAN J
Date of judgment: 25 March 2021
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court dismissing application for judicial review of decision of Immigration Assessment Authority – new grounds raised on appeal – leave to rely on new grounds – whether the Authority's decision was affected by legal unreasonableness in relying on inconsistencies in the appellant's evidence as one basis for rejecting the appellant's claims – whether the Authority erred by failing to consider the limited scope of the interview evidence and the appellant's psychological diagnosis in assessing the significance of appellant's inconsistent evidence – whether the Authority failed to consider the general risk of harm to the appellant by the Sri Lankan authorities – no sufficient merit in new grounds – no jurisdictional error – Authority's decision not affected by legal unreasonableness and did not fail to consider relevant considerations – leave to rely on new grounds refused – appeal dismissed.
Legislation: Migration Act 1958 (Cth) ss 5J, 5H, 36(2)(a) and (aa), 46A(1) and (2), 473CB and DD
Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; 94 ALJR 928 ASV16 v Minister for Immigration and Border Protection [2018] FCAFC 141 Attorney-General (NSW) v Quin [1990] HCA 21; 170 CLR 1 BXT17 v Minister for Home Affairs [2021] FCAFC 9 Minister for Home Affairs v Omar [2019] FCAFC 188; 272 FCR 589 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; 197 CLR 611 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
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