Federal Court of Australia
Federal Court of Australia
DGT17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 552 Appeal from: DGT17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 988
File number: VID 762 of 2022
Judgment of: SNADEN J
Date of judgment: 30 May 2023
Catchwords: MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) – where primary judge dismissed application for judicial review of a decision of the Immigration Assessment Authority (the "IAA") – where leave sought to rely on new grounds of appeal – where error alleged by failure to refer protection files of appellant's family members to the IAA under s 473CB(1)(c) of the Migration Act 1958 (Cth) – whether error jurisdictional – where respondent concedes jurisdictional error – orders made
Legislation: Migration Act 1958 (Cth) ss 5AA, 473CB
Cases cited: CQR17 v Minister for Immigration and Border Protection (2019) 269 FCR 367 DGT17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 988 VNPC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 921
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 9
Date of hearing: Determined on the papers
Counsel for the Appellant: Ms G A Costello KC
Solicitor for the Appellant: Asylum Seeker Resource Centre
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