BBO16 v Minister for Immigration and Border Protection [2017] FCA 212

FEDERAL COURT OF AUSTRALIA

BBO16 v Minister for Immigration and Border Protection [2017] FCA 212 Appeal from: BBO16 v Minister for Immigration & Anor [2016] FCCA 2541

File number: NSD 1856 of 2016

Judge: ROBERTSON J

Date of judgment: 9 March 2017

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia dismissing an application for judicial review of decision of the Immigration Assessment Authority (IAA) – subclass 790 Safe Haven Enterprise visa – whether primary judge erred in finding that the appellant had not been denied procedural fairness – whether primary judge erred in concluding that the relocation test in relation to the complementary protection provisions in s 36(2)(aa) of the Migration Act 1958 (Cth) had been correctly applied – Held: appeal dismissed PRACTICE AND PROCEDURE – application to amend to add new ground of jurisdictional error – tendency to undermine the appellate process in circumstances where no adequate explanation why ground not raised before the primary judge or earlier in the conduct of the appeal, the appellant having legal representation throughout – Held: application refused

Legislation: Migration Act 1958 (Cth) ss 36(2)(aa), 36(2A), 36(2B)(a), 57(2)(b), 473DA(1), 473DC(3), 476(4)(c)

Cases cited: Minister for Immigration and Border Protection v WZARH [2015] HCA 40; 256 CLR 326 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1990) 52 FCR 437 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; 233 CLR 18 SZMCD v Minister for Immigration and Citizenship [2009] FCAFC 46; 174 FCR 415 Sun v Minister for Immigration and Border Protection [2016] FCAFC 52; 243 FCR 220