Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AOY17 v Minister for Immigration and Border Protection [2020] FCA 261 Appeal from: AOY17 v Minister for Immigration & Anor [2018] FCCA 1610
File number: NSD 1452 of 2018
Judge: DAVIES J
Date of judgment: 5 March 2020
Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court to dismiss appellant's application for judicial review of Immigration Assessment Authority decision affirming delegate's decision to refuse the appellant's application for a temporary protection visa – where appellant sought to rely on amended notice of appeal raising entirely new grounds not argued before the Federal Circuit Court – Court's jurisdiction to consider entirely new grounds when exercising appellate jurisdiction – consideration of whether this would subvert the statutory scheme provided for by s 476A of the Migration Act 1958 (Cth) – consideration of merits may outweigh other considerations – proposed new grounds lacked merit – leave to rely on amended notice of appeal refused – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), s 24(1)(d) Migration Act 1958 (Cth), ss 5J(3), 473CB, 473DB(1), 476A
Cases cited: AAM15 v Minister for Immigration and Border Protection [2015] FCA 804; 231 FCR 452 Applicant in WAD531/2016 v Minister for Immigration and Border Protection [2018] FCAFC 213 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; 93 ALJR 1091 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; 263 FCR 292 CWD16 v Minister for Immigration and Border Protection [2018] FCA 578 Han v Minister for Home Affairs [2019] FCA 331 Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; 250 FCR 510 PXYJ v Minister for Home Affairs [2018] FCAFC 193 SZTIS v Minister for Immigration and Border Protection [2017] FCA 545 SZUGL v Minister for Immigration and Border Protection [2015] FCA 868 VAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 117 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
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