Zaburoni v Minister for Immigration and Border Protection (No 2) [2017] FCAFC 209

FEDERAL COURT OF AUSTRALIA

Zaburoni v Minister for Immigration and Border Protection (No 2) [2017] FCAFC 209 Appeal from: Zaburoni v Minister for Immigration and Border Protection [2017] FCA 654

File number: NSD 1078 of 2017

Judges: GRIFFITHS, MOSHINSKY AND BROMWICH JJ

Date of judgment: 11 December 2017

Catchwords: PRACTICE AND PROCEDURE – interlocutory application to amend notice of appeal to raise an additional ground – whether it is expedient in the interests of justice to grant leave to raise the new ground – whether adequate explanation provided for the late raising of the proposed ground in circumstances where the point could have been raised in the notice of appeal several months prior – whether proposed ground has sufficient merit to warrant the grant of leave in circumstances where the appellant voluntarily sought to be returned to his country of origin and the proposed ground relies on "private" harms of the type identified in Goundar v Minister for Immigration and Border Protection [2016] FCA 1203 Held: interlocutory application dismissed with costs

Legislation: Migration Act 1958 (Cth) ss 36, 48A, 501, 501CA

Cases cited: Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83; 231 FCR 513 BCR16 v Minister for Immigration and Border Protection [2017] FCAFC 96; 248 FCR 456 Goundar v Minister for Immigration and Border Protection [2016] FCA 1203 Minister for Immigration and Border Protection v Le [2016] FCAFC 120; 244 FCR 56 SZTQZ v Minister for Immigration and Border Protection [2017] FCA 282 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588