CDD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1283

Federal Court of Australia

CDD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1283 Appeal from: CDD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 169

File number: NSD 256 of 2022

Judgment of: STEWART J

Date of judgment: 28 October 2022

Catchwords: MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) decision dismissing application for migration review to be reinstated after being dismissed by registrar for failure to appear at directions hearing – where appellant claims to have a developing interest in Christianity after arrival in Australia – whether religious belief is a ground for refugee status – whether primary judge erred in assessing the merits of the review in the reinstatement application – whether Immigration Assessment Authority's exercise of discretion not to request further information about appellant's developing interest in Christianity was not unreasonable – whether delay in Authority's decision caused unfairness or prejudice – whether Authority erred in finding that appellant was not a genuine adherent of Christianity – proposed review of Authority's decision without merit – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 473BA, 473DB, 473DC(1), 473DC(3), 473DD, 473FA, 477A(2) Federal Circuit Court Rules 2001 (Cth) (repealed) rr 13.03(C)(1), 16.05(2)(a)

Cases cited: DAE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 79 DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 127; 278 FCR 475 House v King [1936] HCA 40; 55 CLR 499 Minister for Immigration and Citizenship v SZJGV [2009] HCA 40; 238 CLR 642 MZKAJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1066 MZYEZ v Minister for Immigration and Citizenship [2010] FCA 530 MZZJO v Minister for Immigration and Border Protection [2014] FCAFC 80; 239 FCR 436 NAIS v Minister for Immigration [2005] HCA 77; 228 CLR 470 Nathanson v Minister for Home Affairs [2022] HCA 26 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 264 CLR 217 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28 WALT v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCAFC 2 Wang v Minister for Immigration and Multicultural Affairs [2000] FCA 1599; 105 FCR 548