Kassem v Minister for Home Affairs [2019] FCA 244

FEDERAL COURT OF AUSTRALIA

Kassem v Minister for Home Affairs [2019] FCA 244 Appeal from: Kassem & Ors v Minister for Immigration & Anor [2018] FCCA 250

File number: NSD 211 of 2018

Judge: COLLIER J

Date of judgment: 27 February 2019

Catchwords: PRACTICE AND PROCEDURE – application for leave to amend notice of appeal – where Court previously granted pro bono referral – pro bono representation appointed after original notice of appeal filed – where no prejudice demonstrated by respondent – leave to amend granted in interests of justice PRACTICE AND PROCEDURE – application for leave to adduce fresh evidence in appeal – request to file additional affidavit evidence – where fresh evidence relevant to circumstances giving rise to previous pro bono referral – where fresh evidence concerns complex matters – trial and examination not functions of appellate courts – leave to adduce fresh evidence refused

Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Federal Court Rules 2011 (Cth) r 36.57

Cases cited: AXL16 v Minister for Immigration and Border Protection [2018] FCA 208 BVG17 v BVH17 [2019] FCAFC 17 Gupta v Minister for Immigration and Border Protection [2017] FCAFC 172; (2017) 255 FCR 486 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; (2017) 250 FCR 510 Primary Health Care Limited v Commonwealth of Australia [2017] FCAFC 174 Sami v Minister for Immigration and Citizenship [2013] FCAFC 128 SZFDE v Minister for Immigration and Citizenship [2007] HCA 35; (2007) 232 CLR 189