ASU15 v Minister for Immigration and Border Protection [2017] FCA 1167

FEDERAL COURT OF AUSTRALIA

ASU15 v Minister for Immigration and Border Protection [2017] FCA 1167 Appeal from: ASU15 v Minister for Immigration and Anor [2016] FCCA 715

File number: SAD 119 of 2016

Judge: CHARLESWORTH J

Date of judgment: 29 September 2017

Catchwords: MIGRATION – protection visa –self-represented appellant – one ground for judicial review raised on originating application in proceedings below – additional grounds of review raised in the course of submissions and determined by primary judge – no leave required to rely upon grounds of appeal going to issues in fact considered and determined by primary judge – leave required to raise yet further grounds – proposed new grounds not supported by submissions, impermissibly broad or otherwise lacking in merit – leave to introduce new grounds refused – appeal otherwise dismissed.

Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)

Cases cited: ABA15 v Minister for Immigration and Border Protection [2016] FCA 1419 ASU15 v Minister for Immigration [2016] FCCA 715 BGZ15 v Minister for Immigration and Border Protection [2017] FCA 1095 Gomez v Minister for Immigration and Multicultural Affairs (2002) 190 ALR 543; [2002] FCA 480 Metwally v University of Wollongong (1985) 60 ALR 68; [1985] HCA 28 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 259 ALR 429 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 1190 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34 VUAX v Minister for Immigration and Multicultural Affairs (2004) 238 FCR 588