EAU17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2086

FEDERAL COURT OF AUSTRALIA

EAU17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2086 Appeal from: EAU17 v Minister for Immigration & Anor [2019] FCCA 91

File number: NSD 259 of 2019

Judge: BESANKO J

Date of judgment: 12 December 2019

Catchwords: MIGRATION — appeal from orders made by the Federal Circuit Court of Australia dismissing the appellant's amended application for judicial review — where the Immigration Assessment Authority affirmed a decision of the Minister not to grant the appellant a protection visa — where grounds of appeal not raised before the Federal Circuit Court — whether the Federal Circuit Court constructively breached s 91X of the Migration Act 1958 (Cth) by publishing information sufficient to identify the appellant in its reasons for judgment — whether the appellant should be granted leave to raise a new ground — whether the new ground has merit

Legislation: Migration Act 1958 (Cth) ss 5AA, 46A, 91X, 473EC

Cases cited: AZAFH v Minister for Immigration and Border Protection [2016] FCA 1363 DUR16 v Minister for Immigration and Border Protection [2019] FCA 2043 Minister for Home Affairs v Buadromo [2018] FCAFC 151; (2018) 362 ALR 48 SZFDE v Minister for Immigration and Citizenship [2006] FCAFC 142; (2006) 154 FCR 365 SZFDE v Minister for Immigration and Citizenship [2007] HCA 35; (2007) 232 CLR 189 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588