DIA18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1143

Federal Court of Australia

DIA18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1143 Appeal from: DIA18 v Minister for Immigration & Anor and DIB18 & Ors v Minister for Immigration & Anor [2020] FCCA 3049

File numbers: SAD 179 of 2020 SAD 180 of 2020

Judgment of: BURLEY J

Date of judgment: 28 September 2021

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review of decisions of Administrative Appeals Tribunal affirming delegate of Minister's decision not to grant Safe Haven Enterprise visas to appellants – where grounds of appeal not raised at first instance – whether proposed grounds have sufficient prospects of success – leave refused to advance new grounds on appeal – appeals dismissed

Legislation: Migration Act 1958 (Cth) ss 36(2) and 425 Migration Regulations 1994 (Cth) Sch 2

Cases cited: Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 CDN16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 699 GBV18 v Minister for Home Affairs [2020] FCAFC 17; 274 FCR 202 Minister for Home Affairs v Omar [2019] FCAFC 188; 272 FCR 589 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; 242 FCR 585 SZLPH v Minister for Immigration and Border Protection [2018] FCAFC 145; 266 FCR 105 WACO v Minister for Immigration, Multicultural and Indigenous affairs [2003] FCAFC 171; 131 FCR 511