BDT18 v Minister for Home Affairs [2019] FCA 1393

FEDERAL COURT OF AUSTRALIA

BDT18 v Minister for Home Affairs [2019] FCA 1393 Appeal from: BDT18 v Minister for Home Affairs and Anor [2019] FCCA 1013

File number: NSD 658 of 2019

Judge: STEWARD J

Date of judgment: 29 August 2019

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – whether primary judge erred in dismissing an application for judicial review of a decision of the Immigration Assessment Authority affirming a refusal of a Safe Haven Enterprise Visa application – where appellant sought to rely on an entirely new claim never raised before the Authority or the primary judge – where claim was not apparent on the face of the record – whether leave should be granted to rely on new ground

Legislation: Migration Act 1958 (Cth) ss 5J, 36, 473DD

Cases cited: BFS16 v Minister for Immigration and Border Protection [2017] FCA 142 Coulton v Holcombe (1986) 162 CLR 1 Federal Commissioner of Taxation v Perkins (1993) 26 ATR 8 Federal Commissioner of Taxation v Raptis (1989) 19 ALD 726 Iyer v Minister for Immigration & Multicultural Affairs [2000] FCA 1788 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 353 ALR 600 Singh v Minister for Immigration and Border Protection (2018) 261 FCR 556 SZBZJ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 771 SZLPH v Minister for Immigration and Border Protection [2018] FCAFC 145