DLH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 996

Federal Court of Australia

DLH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 996 Appeal from: DLH17 v Minister for Immigration and Border Protection [2022] FedCFamC2G 165

File number(s): NSD 261 of 2022

Judgment of: HALLEY J

Date of judgment: 22 August 2023

Catchwords: MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing appellants' application for review of a decision of the Immigration Assessment Authority (Authority) affirming earlier decision of a delegate of the Minister not to grant the appellants' combined application for a temporary protection visa – whether the Authority's admitted failure to consider new information pursuant to its obligation under s 473DD(b)(ii) of the Migration Act 1958 (Cth) constituted a jurisdictional error – whether decision made by the Authority was unreasonable, illogical or irrational – whether the Authority failed to give proper or sufficient reasons – appeal dismissed

Legislation: Acts Interpretation Act 1901 (Cth) s 25D Migration Act 1958 (Cth) ss 473DD, 473EA

Cases cited: BNGP v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 111 BVD17 v Minister for Immigration and Border Protection (2019) 268 CLR 29; [2019] HCA 34 CNY17 v Minister for Immigration and Border Protection (2019) 268 CLR 76; [2019] HCA 50 Deng v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 115 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 64 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158; [2016] FCAFC 28 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 13 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506; [2021] HCA 17 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 Plaintiff S183/2021 v Minister for Home Affairs [2022] HCA 15 Public Service Board (NSW) v Osmond (1986) 159 CLR 656; [1986] HCA 7 SZOOR v Minister for Immigration and Citizenship (2012) 202 FCR 1; [2012] FCAFC 58 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43