Federal Court of Australia
Federal Court of Australia
WGKS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 10 Appeal from: WGKS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1060
File number(s): VID 555 of 2020
Judgment of: RARES, MOSHINSKY AND STEWART JJ
Date of judgment: 1 February 2021
Catchwords: APPEAL AND NEW TRIAL – whether appellant needed leave to advance amended sole ground of appeal framed on basis not put to Tribunal or primary judge – no adequate explanation for amendment – proposed new ground lacked sufficient merit – leave refused
Legislation: Migration Act 1958 (Cth) ss 5C(d), 5M, 36(1C), 501(6)
Cases cited: Aon Risk Services Pty Ltd v Australian National University (2009) 239 CLR 175 CGA15 v Minister for Home Affairs (2019) 268 FCR 362 Coulton v Holcombe (1986) 162 CLR 1 DOB18 v Minister for Home Affairs (2019) 269 FCR 636 Fualau v Minister for Home Affairs [2020] FCAFC 11 LKQD v Minister for Immigration (2019) 167 ALD 17 O'Brien v Komesaroff (1982) 150 CLR 310 Re WKCG and Minister for Immigration and Citizenship (2009) 110 ALD 434 Tamaya Resources Ltd (in Liq) v Deloitte Touche Tohmatsu (2016) 332 ALR 199 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588 Water Board v Moustakas (1988) 180 CLR 491
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