EII17 v Minister for Immigration and Border Protection [2018] FCA 1863

FEDERAL COURT OF AUSTRALIA

EII17 v Minister for Immigration and Border Protection [2018] FCA 1863 Appeal from: EII17 v Minister for Immigration and Border Protection [2018] FCCA 1276

File number: NSD 953 of 2018

Judge: FLICK J

Date of judgment: 29 November 2018

Catchwords: PRACTICE AND PROCEDURE – migration appeals from the Federal Circuit Court – where Grounds of Appeal raise different arguments to the arguments previously relied upon – consideration of recurring difficulties presented by unrepresented litigants – the desirability of the Federal Circuit Court more actively engaging in the identification of potential legal error ADMINISTRATIVE LAW – reasonable opportunity to be heard – where Appellant claimed to suffer anxiety and depression – whether mental condition of party denied reasonable opportunity to be heard

Legislation: Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb)(ii) Migration Act 1958 (Cth) ss 116, 425, 476A Federal Court Rules 2011 (Cth) r 36.75

Cases cited: AAM15 v Minister for Immigration and Border Protection [2015] FCA 804, (2015) 231 FCR 452 EII17 v Minister for Immigration and Border Protection [2018] FCCA 1276 Lowden v Elliott Harvey Securities Ltd (No 3) [2016] FCA 869 Minister for Immigration and Citizenship v SZNVW [2010] FCAFC 41, (2010) 183 FCR 575 Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17, (2001) 205 CLR 507 R v Commonwealth Conciliation and Arbitration Commission; Ex parte The Angliss Group (1969) 122 CLR 546 SZQBN v Minister for Immigration and Border Protection [2014] FCA 686, (2014) 226 FCR 68 SZRUI v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCAFC 80