FBR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1620

FEDERAL COURT OF AUSTRALIA

FBR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1620 Appeal from: FBR18 v Minister for Home Affairs [2019] FCCA 963

File number(s): NSD 579 of 2019

Judge(s): FARRELL J

Date of judgment: 1 October 2019

Catchwords: MIGRATION – application for leave to appeal from Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority to affirm a decision of a delegate of the Minister for Home Affairs to reject an application for a Safe Haven Enterprise (Class XE (subclass 790) visa – judicial review dismissed after show cause hearing pursuant to r 44.12(1)(a) of the Federal Circuit Court Rules 2001 (Cth) – where applicant seeks to rely on new grounds of review that were not raised before the FCCA Judge – application dismissed and leave refused

Legislation: Federal Circuit Court Rules 2001 (Cth) rr 44.12 and 44.13 Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) ss 473BA, 473CA, 473CB, 473DB, 473DC, 473DD and 473DE

Cases cited: ADN18 v Minister for Home Affairs [2018] FCA 1677 ANO16 v Minister for Immigration and Border Protection [2019] FCA 59 AOV18 v Minister for Home Affairs [2018] 1871 ASW17 v Minister for Home Affairs [2018] FCA 1815 BCV16 v Minister for Immigration and Border Protection [2018] FCA 365 BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958; 254 FCR 221 BZE18 v Minister for Home Affairs [2019] FCA 126 CAL15 v Minister for Immigration and Border Protection [2016] FCA 1344 CCQ17 v Minister for Immigration and Border Protection [2018] FCA 1641 CHF16 v Minister for Immigration and Border Protection [2017] FCAFC 192; 257 FCR 148 CGA15 v Minister for Home Affairs [2019] FCAFC 46 CSR16 v Minister for Immigration and Border Protection [2018] FCA 474 CVK16 v Minister for Immigration and Border Protection [2017] FCA 1434; 257 FCR 297 CVS16 v Minister for Immigration and Boarder Protection [2018] FCA 951 DAY16 v Minister for Immigration and Border Protection [2018] FCA 1750 Décor Corporation Pty Ltd v Dart Industries Inc [1991] FCAFC 844; 33 FCR 397 DGZ16 v Minister f or immigration and Border Protection [2018] FCAFC 12; 258 FCR 551 DYK16 v Minister for Immigration and Border Protection [2018] FCAFC 222 EXV17 v Minister for Home Affairs [2018] FCA 1780 FBR18 v Minister for Home Affairs [2019] FCCA 963 Han v Minister for Home Affairs [2019] FCA 331 House v The King [1936] HCA 40; 55 CLR 499 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176 Minister for Immigration and Border Protection v CLV16 [2018] FCAFC 80; 260 FCR 482 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; 253 FCR 475 Minister for Immigration and Border Protection v DDK16 [2017] FCAFC 188 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 Plaintiff M174/2016 v Minister for immigration and Border Protection [2018] HCA 16 Samsung Electronics Co Limited v Apple Inc [2013] FCAFC 138 SZSTR v Minister for Immigration and Border Protection [2014] FCCA 2554 SZTRG v Minister for Immigration and Border Protection [2014] FCA 836 SZTZY v Minister for Immigration and Border Protection [2018] FCA 911 United States Tobacco Co v Minister for Consumer Affairs [1988] FCA 213; 20 FCR 520 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; 238 FCR 588