Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 26

Federal Court of Australia

Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 26 Appeal from: Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1134

File number(s): WAD 229 of 2021

Judgment of: KATZMANN, BANKS-SMITH AND ROFE JJ

Date of judgment: 3 March 2022

Catchwords: MIGRATION — appeal from a decision of a single judge — where the primary judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the Minister to refuse to grant the appellant a visa under s 501(1) of the Migration Act 1958 (Cth) — whether primary judge erred in finding no error in the Tribunal's rejection of expert evidence concerning the appellant's prospects of reoffending — whether the Tribunal erred in failing to consider the evidence of the expert concerning the effect on the appellant's young children of refusing to grant the visa — whether Tribunal failed to consider evidence concerning children's and their mother's susceptibility to Huntington's disease — whether, if so, the failure was material to the decision PRACTICE AND PROCEDURE — application for leave to raise new ground of appeal not before primary judge — where appellant's sole basis for raising new grounds was a change of counsel, whether explanation sufficient to justify grant of leave — whether proposed new ground has sufficient merit

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 25, 33(1), 43 Federal Court of Australia Act 1976 (Cth) s 37M Migration Act 1958 (Cth) ss 474, 499, 500, 501