CDN16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 699

Federal Court of Australia

CDN16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 699 Appeal from: CDN16 & Ors v Minister for Immigration & Anor [2018] FCCA 1947

File number(s): VID 946 of 2018

Judgment of: KENNY J

Date of judgment: 25 June 2021

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court dismissing application for judicial review of a decision of the Immigration Assessment Authority to refuse grant of visa to family – no claim of harm on the basis of gender before the Authority – no failure by the Authority to consider UNHCR Guidelines – leave to raise a ground as to the Authority's failure to consider the realities facing five-year-old child (CDT16) – no claim clearly raised before the Authority as to risk of significant harm to child if parents detained in prison pending opportunity to appear before magistrate after departing country illegally – in the circumstances Authority sufficiently addressed the child's position – leave to raise other new grounds refused as lacking sufficient merit – appeal dismissed PRACTICE AND PROCEDURE – application for reinstatement by parties who had previously filed notice of discontinuance – whether filing of notice of discontinuance a deliberate and informed act – power to reinstate CDS16 not enlivened – power to reinstate CDT16 enlivened – CDT16 a five-year-old child without a litigation representative – CDT16 reinstated