AIC18 v Minister for Immigration, Citizenship and Multicultural Affairs [2020] FCA 693

FEDERAL COURT OF AUSTRALIA

AIC18 v Minister for Immigration, Citizenship and Multicultural Affairs [2020] FCA 693 Appeal from: AIC18 v Minister for Immigration & Anor [2019] FCCA 2103

File number: SAD 147 of 2019

Judge: CHARLESWORTH J

Date of judgment: 22 May 2020

Catchwords: MIGRATION – appeal from judgment dismissing application for judicial review of migration decision – grounds of appeal raising arguments not raised at first instance – explanation provided by appellant's solicitor as to why arguments not raised previously – leave to advance new arguments granted - grounds alleging jurisdictional error by Immigration Assessment Authority in refusing to consider new information – whether Authority misapplied s 473DD of the Migration Act 1958 (Cth)

Legislation: Migration Act 1958 (Cth) ss 5H, 36, 473CA, 473CB, 473DB, 473DC, 473DD, 476, 476A, Pt 7AA

Cases cited: AAD16 v Minister for Immigration and Border Protection [2018] FCA 1433 ABL18 v Minister for Home Affairs [2020] FCA 536 AIC18 v Minister for Immigration & Anor [2019] FCCA 2103 AQU17 v Minister for Immigration and Border Protection (2018) 162 ALD 442 ATD18 v Minister for Home Affairs [2020] FCA 593 Gomez v Minister for Immigration and Multicultural Affairs [2002] FCA 480; 190 ALR 543 Metwally v University of Wollongong [1985] HCA 28; 60 ALR 68 Minister for Immigration and Border Protection v BBS16 (2017) 257 FCR 111 Minister for Immigration and Border Protection v CQW17 (2018) 264 FCR 249 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588