BFT15 v Minister for Immigration and Border Protection [2016] FCA 499

FEDERAL COURT OF AUSTRALIA

BFT15 v Minister for Immigration and Border Protection [2016] FCA 499 Appeal from: BFT15 v Minister for Immigration and Border Protection [2015] FCCA 3338

File number: NSD 12 of 2016

Judge: FARRELL J

Date of judgment: 11 May 2016

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – application for protection visa – appellant citizen of Sri Lanka – whether Tribunal under obligation to verify the contents of a document submitted by the appellant in support of his protection claims – whether Tribunal failed to assess the appellant's protection claims – appeal dismissed PRACTICE AND PROCEDURE – application for leave to raise new grounds on appeal that were not raised in the proceedings before the Federal Circuit Court of Australia – whether expedient and in the interests of justice to grant leave – consideration of the merits of the proposed new grounds of appeal – where grounds set out in the original notice of appeal not pressed – leave not granted – appeal dismissed

Legislation: Federal Court Rules 2011 (Cth) r 40.43(3)(b), Sch 3 item 15.1(d)

Cases cited: Applicant A169 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 8 BFT15 v Minister for Immigration and Border Protection [2015] 3338 MZWBW v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 94 NAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 76 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51; [2005] FCAFC 134 SZOHC v Minister for Immigration and Citizenship (2010) 118 ALD 522; [2010] FCA 1213