Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BSL17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 480 Appeal from: BSL17 v Minister for Immigration [2018] FCCA 2583
File number: QUD 710 of 2018
Judge: LOGAN J
Date of judgment: 15 April 2020
Catchwords: MIGRATION – fast track review – where adverse Safe Haven Enterprise visa decision automatically referred to Immigration Assessment Authority – whether error in respect of whether it would be reasonable for the appellant to relocate in the terms of s 36 of the Migration Act 1958 (Cth) PRACTICE AND PROCEDURE – where an extension was granted, by consent, to the appellant to institute an appeal – whether the appellant's proposed grounds are at variance with the issues raised by the grounds of review that were considered and dealt with in the Court below – whether leave required to raise the proposed grounds PRACTICE AND PROCEDURE – where Minister twice consented to the appellant's proposed grounds of appeal – where Minister's subsequent submissions on appeal contend that the appellant be refused leave to raise grounds of appeal – obligation on Commonwealth to act as a model litigant
Legislation: Constitution s 64 Migration Act 1958 (Cth) ss 5AA, 5J, 5H, 36, 46A, Pt 7AA
Cases cited: BSL17 v Minister for Immigration [2018] FCCA 2583 Coulton v Holcombe (1986) 162 CLR 1 E v Secretary of State for the Home Department [2004] QB 531 Gupta v Minister for Immigration and Border Protection (2017) 255 FCR 486 Januzi v Secretary of State for the Home Department [2006] 2 AC 426 Minister for Immigration and Border Protection v SZSCA (2014) 254 CLR 317 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 MZACX v Minister for Immigration and Border Protection (2016) 161 ALD 73 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588
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