EAV16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1329

FEDERAL COURT OF AUSTRALIA

EAV16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1329 Appeal from: EAV16 v Minister for Immigration and Border Protection [2018] FCCA 2071

File number(s): NSD 1268 of 2018

Judge(s): FARRELL J

Date of judgment: 17 September 2020

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – where the primary judge dismissed an application for judicial review of a decision of the Immigration Assessment Authority to affirm a decision of a delegate of the Minister to refuse the appellant a Safe Haven Enterprise (subclass XE-790) visa – principles relevant to leave to advance new grounds on appeal including a ground abandoned before the Federal Circuit Court – where Authority sent notification of referral to the wrong address through no fault of the appellant – where appellant received notice of referral of the delegate's decision to the Authority 17 days into the 21 day period for giving submissions suggested by a practice direction issued under s 473FB of the Migration Act 1958 (Cth) – whether decision was made in circumstances amounting to a denial of procedural fairness, legal unreasonableness or where there was a reasonable apprehension of bias – where proposed grounds lack sufficient merit – leave refused – appeal dismissed.

Legislation: Migration Act 1958 (Cth) ss 5AA, 36, 46A, 473CA, 473DA-473DF, 473FA, 473FB Federal Court of Australia Act 1976 (Cth) s 27

Cases cited: AFZ17 v Minister for Immigration and Border Protection [2019] FCA 1035 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34 CRJ17 v Minister for Immigration and Border Protection [2018] FCA 1404 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; (2018) 258 FCR 551 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Ellis v R [2015] NSWCCA 262 EUW17 v Minister for Immigration and Border Protection [2019] FCA 744 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Minister for Immigration and Border Protection v CLV16 [2018] FCAFC 80; (2018) 260 FCR 482 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; (2017) 253 FCR 475 Minister for Immigration and Border Protection v DZU16 [2018] FCAFC 32; (2018) 253 FCR 526 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 NADH v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 328 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217 Saeed v Minister for Immigration and Citizenship [2010] HCA 23; (2010) 241 CLR 252 SZNSC v Minister for Immigration and Citizenship [2009] FCA 1436 Webb v The Queen [1994] HCA 30; (1994) 181 CLR 41