Vishnumolakala v Minister for Immigration and Multicultural Affairs [2007] FCA 248

FEDERAL COURT OF AUSTRALIA

Vishnumolakala v Minister for Immigration and Multicultural Affairs [2007] FCA 248 PRACTICE AND PROCEDURE – leave to raise new grounds on appeal not raised at first instance – no reasonable prospect of success PRACTICE AND PROCEDURE – leave to adduce fresh evidence on appeal – issue raised at first instance – forensic choice of legal representatives not to adduce available evidence – leave refused Judiciary Act 1903 (Cth) s 39B Constitution s 75(v) Migration Act 1959 (Cth) s 66(2)(c)

Coulton v Holcombe (1986) 162 CLR 1 considered Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 applied MZWCL v MIMIA [2006] FCA 635 cited NAJT v MIMIA [2005] FCAFC 134 cited Public Service Board of New South Wales v Osmond (1986) 159 CLR 656considered Salemi v MacKellar (No 2) (1977) 137 CLR 396 considered Moradian v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 142 FCR 170 considered Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997 distinguished RAVI KUMAR VISHNUMOLAKALA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS No NSD 1983 of 2006

FINN J

26 FEBRUARY 2007

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1983 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: RAVI KUMAR VISHNUMOLAKALA

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: FINN J DATE OF ORDER: 26 FEBRUARY 2007

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. Leave not be granted in relation to ground 1 of the amended notice of appeal. 2. Adjourn consideration of ground 6 to the hearing of the appeal. 3. Leave not be granted to adduce fresh evidence on the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA