DHJ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 364

Federal Court of Australia

DHJ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 364 Appeal from: DHJ16 v Minister for Immigration and Border Protection [2019] FCCA 109

File number: NSD 1730 of 2019

Judgment of: COLLIER J

Date of judgment: 16 April 2021

Catchwords: MIGRATION – appeal from Federal Circuit Court – whether primary Judge erred in finding that the Immigration Assessment Authority did not fail to exercise its jurisdiction by not taking into account a submission of the appellant – interpretation of Practice Direction for Applicants, Representatives and Authorised Recipients – whether Authority incorrectly applied the five page limit in the Practice Direction in rejecting a submission of the appellant – whether primary Judge erred in finding no misinterpretation of Practice Direction by the Authority

Legislation: Federal Court Rules 2011 (Cth) – r 36.05 Migration Act 1958 (Cth) – ss 473DD, 473FB Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014

Cases cited: BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958; 254 FCR 221 DHJ16 v Minister for Immigration and Border Protection [2019] FCCA 109 DHJ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 414 ELQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 27 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176; 257 FCR 111