Uolilo v Minister for Home Affairs [2021] FCAFC 138

Federal Court of Australia

Uolilo v Minister for Home Affairs [2021] FCAFC 138 Appeal from: Uolilo v Minister for Home Affairs [2020] FCA 1135

File number: NSD 962 of 2020

Judgment of: NICHOLAS, YATES AND CHARLESWORTH JJ

Date of judgment: 6 August 2021

Catchwords: MIGRATION – where second respondent affirmed decision of a delegate of first respondent refusing to grant appellant a visa – where primary judge rejected all grounds of review relied on by appellant at trial – whether appellant should be granted leave to rely on new grounds of review on appeal that were not relied on before the primary judge – whether those grounds lacked merit – whether appellant's failure to raise them before primary judge was explained Held: leave to rely on new grounds refused – appeal dismissed with costs

Legislation: Migration Act 1958 (Cth) ss 5, 5J, 36, 486I, 499, 501(1) Migration Regulations 1994 (Cth) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, opened for signature 10 December 1984, 1465 UNTS 85 (entered into force 26 June 1987) Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) International Convention for the Protection of All Persons from Enforced Disappearance, opened for signature 6 February 2007, 2176 UNTS 3 (entered into force 23 December 2010) International Covenant on Civil and Political Rights, opened for signature 19 December 1996, 999 UNTS 171 (entered into force 23 March 1976)