Say v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 84

Federal Court of Australia

Say v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 84 Appeal from: Say v Administrative Appeals Tribunal [2020] FCA 1489

File number(s): VID 692 of 2020

Judgment of: DAVIES, MOSHINSKY AND CHEESEMAN JJ

Date of judgment: 28 May 2021

Catchwords: MIGRATION – decision not to revoke mandatory cancellation of appellant's visa under s 501(3A) of the Migration Act 1958 (Cth) – whether the Administrative Appeals Tribunal (the Tribunal) failed to consider a substantial or significant and clearly articulated claim raised in representations made under s 501CA(3) of the Migration Act 1958 (Cth) – appeal dismissed. APPEAL – application for leave to rely on ground of appeal not raised below –new counsel in an appeal is insufficient to justify advancing new grounds of appeal or arguments not raised in the proceeding at first instance – new ground of appeal lacks merit to justify grant of leave – leave refused.

Legislation: Migration Act 1958 (Cth) s 501(3A), 501CA(3)

Cases cited: AXT19 v Minister for Home Affairs [2020] FCAFC 32 Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 GBV18 v Minister for Home Affairs (2020) 274 FCR 202; [2020] FCAFC 17 Minister for Home Affairs v Omar (2019) 272 FCR 589; [2019] FCAFC 188 Navoto v Minister for Home Affairs [2019] FCAFC 135 Say and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 694 WGKS v Minister for Immigration and Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 10