ENU18 v Minister for Home Affairs [2019] FCA 1391

FEDERAL COURT OF AUSTRALIA

ENU18 v Minister for Home Affairs [2019] FCA 1391 Appeal from: Application for leave to appeal: ENU18 v Minister for Home Affairs [2019] FCCA 254

File number: NSD 425 of 2019

Judge: RARES J

Date of judgment: 7 August 2019

Catchwords: PRACTICE AND PROCEDURE – application for leave to add proposed new ground of review not put to Federal Circuit Court – whether in interests of justice to permit addition of proposed new ground – where proposed new ground alleged failure of Immigration Assessment Authority to identify and deal with assertion that applicant feared persecution by reason of membership of particular social group consisting of persons in Iraq with diabetes requiring medication – where no material before decision-maker of systematic and discriminatory conduct under s 5J(4) of Migration Act 1958 (Cth) – where proposed new ground has no prospects of success – application refused MIGRATION – application for extension of time to appeal against decision of Federal Circuit Court – where delay due to applicants waiting for written reasons of Federal Circuit Court delivered ex tempore – where success of application for extension of time depends on success of application for leave to add proposed new ground of review not put to Federal Circuit Court – where proposed new ground without merit – applications refused

Legislation: Migration Act 1958 (Cth) ss 5AAA, 5J, 36 Refugees Convention

Cases cited: Applicant S v Minister for Immigration and Cultural Affairs (2004) 217 CLR 387 Coulton v Holcombe (1987) 162 CLR 1 ENU18 v Minister for Home Affairs [2019] FCCA 254 Hossain v Minister for Immigration and Border Protection (2018) 359 ALR 1 Minister for Immigration and Border Protection v SZMTA (2019) 363 ALR 599 Minister for Immigration and Border Protection v WZAPN (2015) 254 CLR 610 NABE v Minister of Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1