CPE15 v Minister for Immigration and Border Protection [2017] FCA 591

FEDERAL COURT OF AUSTRALIA

CPE15 v Minister for Immigration and Border Protection [2017] FCA 591 Appeal from: CPE15 v Minister for Immigration & Anor [2016] FCCA 2388

File number: VID 1236 of 2016

Judge: MORTIMER J

Date of judgment: 26 May 2017

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia – appeal on proposed new ground that the Tribunal failed to deal with a substantial argument put to it – SZSSC v Minister for Immigration and Border Protection [2014] FCA 863 applied – Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184 considered – consideration of "reasonably foreseeable future" in the context of the "real chance" test PRACTICE AND PROCEDURE – application for leave to amend notice of appeal with new grounds not previously raised below – application refused – consideration of circumstances in which it is in the interests of the administration of justice to grant leave

Legislation: Federal Court of Australia Act 1976 (Cth), s 37M Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 36(2), 65, 425(1)

Cases cited: ALZ15 v Minister for Immigration and Border Protection [2017] FCA 279 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 AYJ15 v Minister for Immigration and Border Protection [2016] FCA 863 Chan Yee Kin v Minister for Immigration (1989) 169 CLR 379 Coulton v Holcombe [1986] HCA 33; 162 CLR 1 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 197 ALR 389 Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 Minister for Immigration and Citizenship v SZKTI [2009] HCA 30; 238 CLR 489 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 MZABO v Minister for Immigration and Border Protection [2016] FCA 980 MZANX v Minister for Immigration and Border Protection [2017] FCA 307 MZZGB v Minister for Immigration and Border Protection [2014] FCA 1052 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 NBMB v Minister for Immigration and Citizenship [2008] FCA 149 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 SZFDE v Minister for Immigration and Citizenship [2007] HCA 35; 232 CLR 189 SZQXE v Minister for Immigration and Citizenship [2012] FCA 1292 SZRBA v Minister for Immigration and Border Protection [2014] FCAFC 81; 314 ALR 146 SZSSC v Minister for Immigration and Border Protection [2014] FCA 863; 317 ALR 365