BEC17 v Minister for Immigration and Border Protection [2018] FCA 1884

FEDERAL COURT OF AUSTRALIA

BEC17 v Minister for Immigration and Border Protection [2018] FCA 1884 Appeal from: BEC17 v Minister for Immigration and Border Protection [2018] FCCA 1711

File number: NSD 1279 of 2018

Judge: GRIFFITHS J

Date of judgment: 30 November 2018

Catchwords: MIGRATION – appeal from orders and a judgment of the Federal Circuit Court of Australia (FCCA) – whether leave should be granted for the appellant to raise two grounds of appeal which were not raised in the FCCA below – whether there is a sufficient explanation as to why the proposed grounds of appeal were not raised in the FCCA below – whether the proposed grounds of appeal have sufficient merit to justify leave being granted – Held: leave refused for the appellant to rely upon two proposed grounds of appeal. Leave granted for the appellant to rely upon a third proposed ground of appeal, but the appeal be dismissed with costs

Legislation: Migration Act 1958 (Cth), ss 5J, 5LA, 473DC, 473DD, 473GB

Cases cited: BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958; 254 FCR 221 CHF16 v Minister for Immigration and Border Protection [2017] FCAFC 192; 257 FCR 148 CIH16 v Minister for Immigration and Border Protection [2018] FCA 1317 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176; 257 FCR 111 Minster for Immigration and Border Protection v CQW17 [2018] FCAFC 110 MZXDQ v Minister for Immigration and Multicultural Affairs [2006] FCA 1632 Plaintiff M174/2016 v Minister for Immigration Border Protection [2018] HCA 16; 92 ALJR 481 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588