DDC24 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 646

Federal Court of Australia

DDC24 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 646 Review of: DDC24 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FedCFamC2G 519

File number: VID 512 of 2024

Judgment of: WHEELAHAN J

Date of judgment: 14 June 2024

Catchwords: HIGH COURT AND FEDERAL COURT — application under s 39B of the Judiciary Act 1903 (Cth) for judicial review of a decision of the Federal Circuit and Family Court of Australia (Div 2) (the Circuit Court) – where the Circuit Court dismissed the applicant's application under s 477(2) of the Migration Act 1958 (Cth) for an extension of the time for filing an application for judicial review of a decision of the Administrative Appeals Tribunal in relation to the applicant's protection claims – where the Tribunal found that the applicant may suffer serious harm as a person perceived to be homosexual in his home village, but that relocation to another part of India was possible to avoid this harm – where the applicant submitted that the Tribunal failed properly to consider the possibility that the applicant would be perceived to be homosexual elsewhere in India on all the facts of the case – where the applicant did not make this point before the Tribunal or the Circuit Court – where the applicant submitted that the Circuit Court made a jurisdictional error in fundamentally misunderstanding the nature of the application for an extension of time because the Circuit Court failed to identify a significant arguable error, which ought to have been identified even on an impressionistic assessment of a broad ground of general legal error – the principles relating to jurisdictional errors made by inferior courts are distinct from those relating to administrative tribunals – the Circuit Court did not make a jurisdictional error by failing to consider claims that were not present in the case advanced to that Court – application dismissed.