DEZ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 124

Federal Court of Australia

DEZ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 124 Appeal from: DEZ18 v Minister for Home Affairs [2020] FCCA 2880

File number: NSD 425 of 2021

Judgment of: BROMWICH J

Date of judgment: 18 February 2022

Catchwords: MIGRATION – leave to advance new grounds of appeal and leave to advance new evidence on appeal – where the grounds, on an impressionistic view, have sufficient merit – where there is a sufficient explanation for the grounds not having been advanced before the primary judge – where in the interests of justice to grant leave – leave granted MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – whether the primary judge erred in finding that the Immigration Assessment Authority did not fall in to jurisdictional error by a failure to consider an argument that the appellant was at a real risk of significant harm for the purpose of complementary protection – whether the primary judge erred in finding that the Authority did not fall in to jurisdiction error by refusing to consider the appellant's uncle's file which was also before the Authority – held: no jurisdictional error by the Authority – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36, 473CB, 473DC, 473DD Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) as amended by the Protocol Relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 75 ALD 630 AUF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 222; 274 FCR 82 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; 94 ALJR 1007 CNY17 v Minister for Immigration and Border Protection (2019) 268 CLR 76 CQR17 v Minister for Immigration and Border Protection [2019] FCAFC 61; 269 FCR 367 EMJ17 v Minister for Immigration and Border Protection [2018] FCA 1462 EVA17 v Minister for Immigration and Border Protection [2018] FCAFC 214; 262 FCR 304 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176; 257 FCR 111 Minister for Immigration and Border Protection v CPA16 [2019] FCAFC 40; 268 FCR 379 Minister for Immigration and Border Protection v CQW17 [2018] FCAFC 110; 264 FCR 249