Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CYO16 v Minister for Immigration and Border Protection [2019] FCA 2 Appeal from: CYO16 v Minister for Immigration and Border Protection [2017] FCCA 1250
File number(s): NSD 957 of 2017
Judge: FARRELL J
Date of judgment: 10 January 2019
Catchwords: MIGRATION – Safe Haven Enterprise visa (SHEV) – appeal from the Federal Circuit Court of Australia – Federal Circuit Court dismissed an application for judicial review of a decision of the Immigration Assessment Authority to affirm a decision of a delegate of the Minister for Immigration and Border Protection to refuse the appellant a SHEV – where appellant seeks leave to rely on ground in draft notice of appeal – whether proposed ground was raised in the proceedings in the Federal Circuit Court – where IAA determined that two DFAT reports supplied to it by the appellant were not 'new information' for the purposes of s 473DC and s 473DD of the Migration Act 1958 (Cth) – where one DFAT report was not referred to in the delegate's decision record – whether the Tribunal fell into jurisdictional error by not refusing to admit that DFAT report – leave to rely on proposed ground in the draft notice of appeal refused – appeal dismissed
Legislation: Migration Act 1958 (Cth) Pt 7AA, Divs 2, 3 Pt 7AA, ss 5H, 5J, 36, 473CB, 473CC, 473DA, 473DB, 473DC, 473DD, 473DE, 499 Immigrants and Emigrants Act 1949 (Sri Lanka)
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593; [2003] FCAFC 184 BVZ16 v Minister for Immigration and Border Protection (2017) 254 FCR 221; [2017] FCA 958 CYO16 v Minister for Immigration and Border Protection [2017] FCCA 1250 Metwally v University of Wollongong (No 2) (1985) 59 ALJR 481 Park v Brothers (2005) 222 ALR 421; [2005] HCA 73 Prodduturi v Minister for Immigration and Border Protection (2014) 142 ALD 550; [2014] FCA 624 Sun v Minister for Immigration and Border Protection (2016) 243 FCR 220; [2016] FCAFC 52 SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 Vella v Minister for Immigration and Border Protection (2015) 326 ALR 391; [2015] HCA 42 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588; [2004] FCAFC 158 WAJR v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 204 ALR 624; [2004] FCA 106 Zheng v Cai (2009) 239 CLR 446; [2009] HCA 52
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