Federal Court of Australia
Federal Court of Australia
DPC16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 490 Appeal from: DPC16 v Minster for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 386
File number: VID 155 of 2022
Judgment of: WHEELAHAN J
Date of judgment: 19 May 2023
Catchwords: MIGRATION — appeal from a decision of the Federal Circuit and Family Court of Australia (Div 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal — where the appellant had sought review of a decision of a delegate of the Minister to refuse to grant the appellant a protection visa — appellant granted leave to raise a new ground on appeal not argued before primary judge — whether Tribunal constructively failed to exercise jurisdiction by failing to engage with appellant's submissions — appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 45AA, 91R, Part 7, 430 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Sch 5, part 4, item 28 Tribunals Amalgamation Act 2015 (Cth), Schedule 9, item 15AB Migration Regulations 1994 (Cth) reg 2.08F
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 BVD17 v Minister for immigration and Border Protection [2019] HCA 34; 268 CLR 29 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Minister for Home Affairs v Omar [2019] FCAFC 188; 272 FCR 589 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 Minister for Immigration & Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Minister for Immigration & Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Navoto v Minister for Home Affairs [2019] FCA 295 Navoto v Minister for Home Affairs [2019] FCAFC 135 Plaintiff M1 of 2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1; 168 ALR 407
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