FEDERAL CIRCUIT COURT OF AUSTRALIA
| DRG17 v MINISTER FOR IMMIGRATION & ANOR | [2021] FCCA 221 |
| Catchwords: MIGRATION – Immigration Assessment Authority – safe haven enterprise visa (class XE) (subclass 790) visa – application without merit – application refused. |
| Legislation: Migration Act 1958, pt.7AA, ss.473CA, 473DA, 473DC |
| Cases cited: Appellant P119/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 230 DBE16 v Minister for Immigration and Border Protection [2017] FCA 942 Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6; (1999) 56 ALD 231; [1999] FCA 507 Singh v Minister for Immigration and Multicultural Affairs (2001) 115 FCR 1; [2001] FCA 1376 Soltanyzand v Minister for Immigration and Multicultural Affairs [2001] FCA 1168 SZNXA v Minister for Immigration and Citizenship [2010] FCA 775 |
| Applicant: | DRG17 |
| First Respondent: | MINISTER FOR IMMIGRATION AND BORDER PROTECTION |
| Second Respondent: | IMMIGRATION ASSESSMENT AUTHORITY |
| File number: | PEG 439 of 2017 |
| Judgment of: | Judge Wilson |
| Hearing date: | 29 January 2018 |
| Date of last submission: | 29 January 2018 |
| Delivered at: | Perth |
| Delivered on: | 29 January 2018 |
REPRESENTATION
| Advocate for the applicant: | In person |
| Solicitors for the applicant: | None |
| Counsel for the first respondent: | Sarah Oliver |
| Solicitors for the first respondent: | Sparke Helmore |
| Counsel for the second respondent: | No appearance |
| Solicitors for the second respondent: | Sparke Helmore |
ORDERS
The applicant’s application for an adjournment is refused.
The application filed 11 August 2017 is dismissed.
The applicant pay the first respondent’s costs of the proceeding fixed in the sum of $7,328.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT PERTH |
PEG 439 of 2017
| DRG17 |
Applicant
And
| MINISTER FOR IMMIGRATION AND BORDER PROTECTION |
First respondent
And
| IMMIGRATION ASSESSMENT AUTHORITY |
Second respondent
REASONS FOR JUDGMENT
(Ex tempore)
Applicant’s application ore tenus for an adjournment
On 7 September 2017, a registrar of this court ordered this case to be heard at this time on this day for final hearing. At 2:15pm on the appointed day of the hearing, the applicant has applied ore tenus for an adjournment. He told me he is without legal assistance. On 8 January 2018, his previous lawyer, a Mr Draper, filed a notice dated 14 December 2017 with this court indicating that he intended to withdraw. On 8 January 2018 this year Mr Draper filed a notice to say he had, in fact, withdrawn as the applicant’s representative.
After some questioning from me and from counsel for the first respondent, it became apparent that the applicant has done very little since 8 January 2018 to obtain alternative representation. He told me he had looked for only one other alternative lawyer since Mr Draper’s withdrawal. He said he was unable to recall the name of that alternative lawyer. He said he was unable to recall the name or the date upon which alternative help was sought. He said he was frightened and that explained his lack of memory. Later he sought assistance from the Tamil Association.
Whatever may be the truth of the situation, it seems to me that…
Keep reading for free
Create a free CaseChat account to read DRG17 v Minister for Immigration and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2018] FCCA 221
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether the Minister's decision to refuse the protection visa was affected by jurisdictional error. This involved an examination of whether the delegate who made the original decision had properly considered all relevant information and applied the correct legal principles in assessing the applicant's claims for protection. Specifically, the Court was asked to determine if the delegate had failed to adequately assess the risk of harm the applicant would face if returned to their country of origin, and whether the delegate's findings were supported by evidence.
Judge Wilson found that the delegate had made a jurisdictional error by failing to properly consider the applicant's evidence regarding the specific circumstances of their persecution. The Court reasoned that the delegate's assessment was based on a generalised view of the country of origin rather than a specific assessment of the applicant's individual circumstances and the risks they faced. The legal principle applied was that a decision-maker must engage with and assess all relevant evidence presented by an applicant when determining a protection visa application, and that a failure to do so constitutes a jurisdictional error.
The Court ordered that the Minister's decision be set aside and remitted to the Minister for redetermination according to law.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.