Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AQK17 v Minister for Immigration and Border Protection [2019] FCA 1176 Appeal from: AQK17 v Minister for Immigration & Anor [2018] FCCA 3584
File number: NSD 12 of 2019
Judge: ABRAHAM J
Date of judgment: 31 July 2019
Catchwords: MIGRATION – where Authority affirms decision of the Minister to refuse a safe haven enterprise visa – where Federal Circuit Court upholds that decision – where leave sought to amend notice of appeal to include additional grounds of appeal – leave to rely on new grounds refused – appeal dismissed PRACTICE AND PROCEDURE – new arguments raised on appeal – need for leave – arguments without merit – leave refused
Legislation: Migration Act 1958 (Cth) ss 5H(1), 36(2)(a), 36(2)(aa), 473DC, Pt 7AA
Cases cited: Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Kalala v Minister for Immigration and Multicultural Affairs [2001] FCA 1594; (2001) 114 FCR 212 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 353 ALR 600 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 Australian Retailers Association v Reserve Bank of Australia [2005] FCA 1707; (2005) 148 FCR 446 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588 BRQ18 v Minister for Home Affairs [2019] FCA 319 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123 Singh v Minister for Home Affairs [2019] FCAFC 3 DYD16 v Minister for Immigration and Border Protection [2019] FCA 828 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 CSO15 v Minister for Immigration and Border Protection [2018] FCAFC 14; (2018) 353 ALR 666 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; (2018) 258 FCR 551 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; (2017) 253 FCR 475
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