Federal Court of Australia
Federal Court of Australia
DPT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 15 Appeal from: DPT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCCA 1593
File number: WAD 160 of 2020
Judgment of: COLVIN J
Date of judgment: 20 January 2022
Catchwords: MIGRATION - appeal from decision of the Federal Circuit Court refusing application for review of decision of the Immigration Assessment Authority - where Authority affirmed decision to refuse application for visa - application for leave to amend grounds of appeal - whether expedient in interests of justice to grant leave - whether Authority failed in exercise of s 473DD of Migration Act 1958 (Cth) not to consider new information - whether any failure by Authority to conform to statutory requirements was material - leave to raise new ground granted - appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 473DC, 473DD, 477DD, Part 7AA
Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; (2020) 269 CLR 439 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; (2020) 269 CLR 494 CAQ17 v Minister for Immigration and Border Protection [2019] FCAFC 203; (2019) 274 FCR 477 CHZ19 v Minister for Home Affairs [2019] FCA 914 COS16 v Minster for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 112 CSR16 v Minister for Immigration and Border Protection [2018] FCA 474 Forrest & Forrest Pty Ltd v Wilson [2017] HCA 30; (2017) 262 CLR 510 Hossain v Minister for Immigration and Border Protection [2018] HCA 34: (2018) 264 CLR 123 Gill v Minister for Immigration and Border Protection [2017] FCAFC 51; (2017) 250 FCR 309 Lee v Minister for Immigration and Citizenship [2007] FCAFC 62; (2007) 159 FCR 181 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 [2020] FCAFC 159 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AWT19 [2021] FCAFC 58 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 O'Brien v Komesaroff (1982) 150 CLR 310 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26
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