APC17 v Minister for Immigration and Border Protection [2018] FCA 1332

FEDERAL COURT OF AUSTRALIA

APC17 v Minister for Immigration and Border Protection [2018] FCA 1332 Appeal from: APC17 v Minister for Immigration & Anor [2018] FCCA 880

File number: NSD 483 of 2018

Judge: THAWLEY J

Date of judgment: 3 September 2018

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – where Federal Circuit Court dismissed an application for review of a decision of the Immigration Assessment Authority – whether Authority misunderstood the appellant's claim for protection – whether Authority failed to deal with a claim clearly emerging from "new information" arising on review under Part 7AA of the Migration Act 1958 (Cth) – whether inference made by Authority was illogical or lacked an evidential foundation PRACTICE AND PROCEDURE – application for leave to rely on grounds not raised below – whether in the interests of justice to grant leave – where appellant legally represented in Federal Circuit Court – where Minister conceded ground one was plainly arguable – leave granted in respect of ground one – appeal allowed

Legislation: Migration Act 1958 (Cth) Pt 7AA

Cases cited: AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89 Coulton v Holcombe (1986) 162 CLR 1 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136 Murad v Assistant Minister for Immigration and Border Protection (2017) 250 FCR 510 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 144 FCR 1 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51 SZSSC v Minister for Immigration and Border Protection (2014) 317 ALR 365 University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588