AAD16 v Minister for Immigration and Border Protection [2018] FCA 1433

FEDERAL COURT OF AUSTRALIA

AAD16 v Minister for Immigration and Border Protection [2018] FCA 1433 Appeal from: AAD16 v Minister for Immigration & Anor [2017] FCCA 2399

File number: VID 1105 of 2017

Judge: CHARLESWORTH J

Date of judgment: 21 September 2018

Catchwords: PRACTICE AND PROCEDURE – appeal from judgment of Federal Circuit Court of Australia – application to introduce grounds of appeal raising arguments not raised before primary judge – all other grounds abandoned – appellant legally represented throughout – no evidence given of reason for failing to advance arguments previously – grounds assumed to have prima facie merit – grounds not raising matters of general importance – consideration of stakes for protection visa applicant should leave be refused – application of s 37M of the Federal Court of Australia Act 1976 (Cth) – leave to introduce new grounds refused – appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) ss 24, 37M Migration Act 1958 (Cth) ss 5, 36, 36(2A), 476

Cases cited: AOL15 v Minister for Immigration and Border Protection [2018] FCA 979 Applicant S v Minister for Immigration and Multicultural Affairs (2004) 217 CLR 387 Gomez v Minister for Immigration and Multicultural Affairs [2002] FCA 480; (2002) 190 ALR 543. Gupta v Minister for Immigration and Border Protection [2017] FCAFC 172 Metwally v University of Wollongong [1985] HCA 28; (1985) 60 ALR 68 Minister for Immigration and Multicultural Affairs v Israelian (2000) 206 CLR 323 MZYTT v Minister for Immigration and Citizenship (2013) 141 ALD 301 O'Brien v Komesaroff (1982) 150 CLR 310 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588 Zaburoni v Minister for Immigration and Border Protection [2017] FCAFC 205