DGS18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 982

Federal Court of Australia

DGS18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 982 Appeal from: DGS18 & Ors v Minister for Immigration & Anor [2020] FCCA 1973

File number: WAD 183 of 2020

Judgment of: ABRAHAM J

Date of judgment: 24 August 2021

Catchwords: MIGRATION – protection visa – appeal from the Federal Circuit Court – where appellants allege denial of procedural fairness by Administrative Appeals Tribunal (Tribunal) – where delay of fourteen months between Tribunal hearing and making of decision – whether effect of delay on Tribunal decision occasioned procedural unfairness to the appellants – NAIS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 77; (2005) 228 CLR 470 considered – no jurisdictional error established – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 65

Cases cited: 1507487 (Refugee) [2018] AATA 2829 BIX15 v Minister for Immigration and Border Protection [2017] FCA 1116 CQV16 v Minister for Immigration and Border Protection [2019] FCA 1098 DGS18 & Ors v Minister for Immigration & Anor [2020] FCCA 1973 Expectation Pty Ltd v PRD Realty Pty Ltd [2004] FCAFC 189; (2004) 140 FCR 17 Frugtniet v Tax Practitioners Board [2019] FCAFC 193 Mount Lawley Pty Ltd v Western Australian Planning Commission [2004] WASCA 149; (2004) 29 WAR 273 NAIS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 77; (2005) 228 CLR 470 SZKJV v Minister for Immigration and Citizenship [2011] FCA 80 SZQUY v Minister for Immigration and Citizenship [2012] FCA 856