DAY16 v Minister for Immigration and Border Protection
[2019] HCASL 26
DAY16
v
MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR
[2019] HCASL 26
A37/2018
There is insufficient reason to doubt the correctness of the conclusion of the Federal Court of Australia (Besanko J) that, when considered in the context of Pt 7AA of the Migration Act 1958 (Cth), there was no unreasonableness on the part of the Immigration Assessment Authority in not obtaining and considering further country information. Nor should the applicant be permitted to raise for the first time on appeal to this Court a proposed new ground of appeal regarding the so-called "What if I am wrong?" test referred to in Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220. In the result, an appeal to this Court would not enjoy sufficient prospects of success to warrant the grant of special leave to appeal.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.
G.A.A Nettle M.M Gordon 13 March 2019
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