DGC18 v Minister for Home Affairs [2019] FCA 250

DGC18 v Minister for Home Affairs [2019] FCA 250

The Court adopted prior Federal Court authority, reasoning that Form 866 was properly incorporated under the Regulations and s 48A Migration Act validly precluded further protection visa applications after refusal; appeals dismissed accordingly.

Jurisdiction
Australia
Judgment Date
27 February 2019
Procedural Posture
Appeal and Applications for Extension of Time and Leave to Appeal / Federal Court Judgment Following Concurrent Hearing; Orders in Five Appeals, Remaining Four Applications Stood Over
Outcome
Appeals in CVH16, DVM16 & ANOR, BOW17, SZRGA & ORS, and MZAKA dismissed with costs. Applications in DGC18, BRJ18, SZSKJ and CVI18 stood over for further consideration, likely to be dismissed.
Legal Topics
['protection Visa Validity' 'form 866 Incorporation' 'section 48 a Migration Act' 'regulations and Statutory Incorporation' 'judicial Review of Administrative Decisions']
['migration Law' 'administrative Law' 'constitutional Law' 'human Rights'] ['protection Visa Validity' 'form 866 Incorporation' 'section 48 a Migration Act' 'regulations and Statutory Incorporation' 'judicial Review of Administrative Decisions']

Case Brief

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Procedural Posture

Appeal and Applications for Extension of Time and Leave to Appeal / Federal Court Judgment Following Concurrent Hearing; Orders in Five Appeals, Remaining Four Applications Stood Over

Legal Issues

  1. 1 ['Whether Form 866 was validly incorporated into Migration Regulations 1994 (Cth) for protection visa applications' 'Whether section 48A Migration Act 1958 (Cth) precluded further protection visa applications' 'Whether the Minister was required to consider further protection visa applications' 'Challenge to correctness of SZMOX v Minister for Immigration and Border Protection [2018] FCAFC 121']

Ratio Decidendi

The Court adopted prior Federal Court authority, reasoning that Form 866 was properly incorporated under the Regulations and s 48A Migration Act validly precluded further protection visa applications after refusal; appeals dismissed accordingly.

Court Disposition

Appeals in CVH16, DVM16 & ANOR, BOW17, SZRGA & ORS, and MZAKA dismissed with costs. Applications in DGC18, BRJ18, SZSKJ and CVI18 stood over for further consideration, likely to be dismissed.

Orders

  • ['The appeal be dismissed with costs in CVH16, DVM16 & ANOR, BOW17, SZRGA & ORS, MZAKA.' 'Four applications (DGC18, BRJ18, SZSKJ, CVI18) stood over for further orders.' 'All applicants formally submitted SZMOX v Minister for Immigration and Border Protection [2018] FCAFC 121 is wrong.']