DLC18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 900

Federal Court of Australia

DLC18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 900 Appeal from: DLC18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 173

File number(s): NSD 276 of 2023

Judgment of: JACKMAN J

Date of judgment: 4 August 2023

Catchwords: MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia dismissing an application for judicial review of the decision of the Administrative Appeals Tribunal affirming the decision of a delegate of the Minister to refuse to grant the appellants protection visas – whether the primary judge erred in finding that there was no jurisdictional error in the decision of the Tribunal – form of notice of appeal – whether the primary judge erred in finding that the Tribunal did not fail to afford the appellants procedural fairness – whether an adjournment should be granted – appeal dismissed

Legislation: Migration Act 1958 (Cth) Pt 7, ss 425, 425A, 426A Federal Court Rules 2011 (Cth) r 36.01

Cases cited: Coulton v Holcombe (1986) 162 CLR 1 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; (2016) 253 FCR 496 DLC18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 173 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 University of Wollongong v Metwally (No 2) [1985] HCA 28; (1985) 60 ALR 68 Water Board v Moustakas (1988) 180 CLR 491 Zegarac v Dellios [2007] FCAFC 58