BZAIW v Minister for Immigration and Border Protection [2016] FCA 1326

FEDERAL COURT OF AUSTRALIA

BZAIW v Minister for Immigration and Border Protection [2016] FCA 1326 Appeal from: BZAIW v Minister for Immigration & Anor [2015] FCCA 1318

File number: QUD 399 of 2015

Judge: JESSUP J

Date of judgment: 7 November 2016

Catchwords: MIGRATION – leave sought to pursue new grounds on appeal – whether leave should be granted where new grounds not raised at first instance – new grounds lacking merit, leave refused – appeal dismissed

Cases cited: MZYPO v Minister for Immigration and Citizenship [2013] FCAFC 1 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 238 FCR 588

Date of hearing: 7 November 2016

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 12

Counsel for the Appellant: Mr A Krohn

Solicitor for the Appellant: Ambi Associates

Counsel for the First Respondent: Mr A Aleksov

Solicitor for the First Respondent: Sparke Helmore

Counsel for the Second Respondent: The second respondent filed a submitting notice

ORDERS QUD 399 of 2015

BETWEEN: BZAIW Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: JESSUP J DATE OF ORDER: 7 NOVEMBER 2016

THE COURT ORDERS THAT:

1. The Administrative Appeals Tribunal be substituted as the second respondent to the appeal. 2. The appeal be dismissed. 3. The appellant pay the costs of the respondent Minister. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.