CSV15 v Minister for Immigration and Border Protection [2018] FCA 699

FEDERAL COURT OF AUSTRALIA

CSV15 v Minister for Immigration and Border Protection [2018] FCA 699 Appeal from: CSV15 v Minister for Immigration & Anor [2017] FCCA 268

File number: VID 248 of 2017

Judge: COLLIER J

Date of judgment: 21 May 2018

Catchwords: MIGRATION – appeal from dismissal of judicial review application by the Federal Circuit Court of Australia of decision refusing to grant protection visa under the Migration Act 1958 (Cth) – whether Tribunal required to put country information to appellant – whether impact of appellant's mental health constitutes serious or significant harm for purpose of ss 36(2)(a) or (aa) of the Migration Act 1958 (Cth) PRACTICE AND PROCEDURE – leave required to rely on fresh ground of appeal not argued before primary Judge – where leave opposed on basis of poor prospects of success – whether granting leave to rely on fresh ground of appeal would be in the interests of justice

Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 36(2A), 91R (repealed), 91R(1)(c) (repealed), 91R(2) (repealed), 424A(1), 424A(1)(a), 424A(3)(a) Convention Relating to the Status of Refugees. Opened for signature 28 July 1951. 189 UNTS 137 (entered into force 22 April 1954) art 1A(2) Protocol Relating to the Status of Refugees. Opened for signature 31 January 1967. 606 UNTS 267 (entered into force 4 October 1967)

Cases cited: BTM15 v Minister for Immigration and Border Protection [2016] FCA 888 Minister for Immigration, Multicultural and Indigenous Affairs v NAMW [2004] FCAFC 264; (2004) 140 FCR 572 QAAC v Refugee Review Tribunal [2005] FCAFC 92 SZMCD v Minister for Immigration and Citizenship [2009] FCAFC 46; (2009) 174 FCR 415 VJAF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 178 VUAX v Minister for Immigration and Multicultural Affairs [2004] FCAFC 158; (2004) 238 FCR 588 WAJW v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 330