EJJ18 v Minister for Home Affairs [2019] FCA 1296

FEDERAL COURT OF AUSTRALIA

EJJ18 v Minister for Home Affairs [2019] FCA 1296 Appeal from: EJJ18 v Minister for Home Affairs [2019] FCCA 230

File number: NSD 263 of 2019

Judge: COLVIN J

Date of judgment: 15 August 2019

Catchwords: MIGRATION - appeal from decision of the Federal Circuit Court dismissing application for review of decision of Immigration Assessment Authority affirming delegate's decision not to grant a safe haven enterprise visa to the appellant - where leave sought to raise three new grounds - where no explanation as to why new grounds were not raised before the primary judge - where new grounds without merit - leave to raise new grounds refused - whether the Authority failed to consider the position of the appellant in the future - whether the Authority was bound to consider the position if it was wrong as to the factual findings concerning the appellant - where the Authority made clear findings about the aspects of the claim that were not accepted - appeal dismissed

Legislation: Migration Act 1958 (Cth) s 473DC, 473DD

Cases cited: BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; (2018) 263 FCR 292 CDW18 v Minister for Home Affairs [2019] FCA 270 CHZ19 v Minister for Home Affairs [2019] FCA 914 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; (2018) 258 FCR 175 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; (2018) 258 FCR 551 DPI17 v Minister for Home Affairs [2019] FCAFC 43 Minister for Immigration and Ethnic Affairs v Guo [1997] HCA 22; (1997) 191 CLR 559 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16 SZGHS v Minister for Immigration and Citizenship [2007] FCA 1572