DYI16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 612

Federal Court of Australia

DYI16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 612 Appeal from: DYI16 v Minister for Immigration & Anor [2020] FCCA 1956

File number(s): VID 541 of 2020

Judgment of: WHEELAHAN J

Date of judgment: 11 June 2021

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal which affirmed a decision of a delegate of the Minister to refuse the appellant a Protection (subclass 866) visa – where leave sought to raise new grounds on appeal – leave to raise new grounds on appeal refused – appeal dismissed with costs. MIGRATION – where the Tribunal gave no weight to submissions made by the appellant's migration agent and solicitor regarding communications with the appellant's former colleague in Pakistan – whether the Tribunal had a duty to inquire – whether the Tribunal fell into jurisdictional error by failing to make independent inquiries of the appellant's former colleague regarding the content of the submissions – no obligation to inquire – no jurisdictional error. MIGRATION – where the Tribunal received documents containing information, of which it gave a precis to the appellant under s 424A(1) of the Migration Act 1958 (Cth) with an invitation to comment or respond – whether the Tribunal fell into jurisdictional error by contravening s 424A(1) – whether alternatively the Tribunal acted unreasonably by failing to give the appellant copies of the documents the subject of the s 424A invitation and so fell into jurisdictional error – no contravention of s 424A(1) – no legal unreasonableness – no jurisdictional errors.