EKK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1992

FEDERAL COURT OF AUSTRALIA

EKK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1992 Appeal from: EKK17 v Minister for Immigration and Anor [2018] FCCA 1273

File number: NSD 847 of 2018

Judge: LOGAN J

Date of judgment: 12 November 2019

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision refusing to grant the appellant a protection visa – where two of the grounds of appeal were not raised before the Federal Circuit Court – where each new ground required evidence to be made out – whether leave to raise new grounds on appeal should be granted – where remaining ground concerned the Tribunal's rejection of the appellant's evidence on credibility grounds – whether the Tribunal's decision was illogical or irrational

Legislation: Migration Act 1958 (Cth) s 425

Cases cited: EKK17 v Minister for Immigration [2018] FCCA 1273

Date of hearing: 12 November 2019

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 21

Counsel for the Appellant: The appellant appeared in person with the assistance of an interpreter

Solicitor for the First Respondent: DLA Piper

Counsel for the Second Respondent: The second respondent filed a submitting notice, save as to costs

ORDERS NSD 847 of 2018

BETWEEN: EKK17 Appellant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent