ATD18 v Minister for Home Affairs [2020] FCA 593

FEDERAL COURT OF AUSTRALIA

ATD18 v Minister for Home Affairs [2020] FCA 593 Appeal from: ATD18 v Minister for Home Affairs & Anor [2019] FCCA 1158

File number: SAD 92 of 2019

Judge: CHARLESWORTH J

Date of judgment: 5 May 2020

Catchwords: MIGRATION – appeal from judgment of Federal Circuit Court of Australia dismissing application for judicial review of a migration decision – whether Immigration Assessment Authority committed jurisdictional error in the construction or application of s 473DD of the Migration Act 1958 (Cth) APPEAL AND NEW TRIAL – grounds of appeal not argued at first instance – appellant legally represented throughout – insufficient explanation provided as to why new arguments were not advanced at first instance – discussion of degree of merit in proposed grounds to be demonstrated on an application for leave – whether leave should be granted where grounds are arguable and the migration decision concerns an application for a protection visa – proposed grounds not sufficiently arguable – leave refused

Legislation: Migration Act 1958 (Cth) ss 36, 65, 473DC, 473DD, 476, 476A Pt 7AA

Cases cited: AAD16 v Minister for Immigration and Border Protection [2018] FCA 1433 ATD18 v Minister for Home Affairs & Anor [2019] FCCA 1158 AUH17 v Minister for Immigration and Border Protection [2018] FCA 388 BKQ16 v Minister for Immigration and Border Protection (2019) 163 ALD 127 Gomez v Minister for Immigration and Multicultural Affairs [2002] FCA 480; 190 ALR 543 Lobban v Minister for Justice (2016) 244 FCR 76 Metwally v University of Wollongong [1985] HCA 28; 60 ALR 68 Murad v Assistant Minister for Immigration and Border Protection (2017) 250 FCR 510 MZZQY v Minister for Immigration and Border Protection [2015] FCA 883 SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588