Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BII17 v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1376 Appeal from: BII17 v Minister For Immigration & Anor [2019] FCCA 1788
File number: NSD 1110 of 2019
Judge: ANASTASSIOU J
Date of judgment: 28 September 2020
Catchwords: MIGRATION – appeal from the Federal Circuit Court – whether appellant should be granted leave to file new ground of appeal not before the Circuit Court – consideration of statutory scheme in Part 7AA of the Migration Act 1958 (Cth) and appellate jurisdiction of Federal Court of Australia in determining whether to grant leave - whether the Authority erred in its application of section 473DD of the Act – whether there were 'exceptional circumstances' to justify the Authority taking into account 'new information'– appeal dismissed.
Legislation: Federal Court of Australia Act 1976 (Cth), ss 24, 25 Migration Act 1958 (Cth), ss 467A, 473CB, 473CC, 473DD, 473EA
Cases cited: AAM15 v Minister for Immigration and Border Protection [2015] FCA 804; 231 FCR 452 AXL16 v Minister for Border Protection [2018] FCA 208 BII17 v Minister For Immigration & Anor [2019] FCCA 1788 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; 93 ALJR 1091 BYA17 v Minister for Immigration and Border Protection [2019] FCAFC 44; 269 FCR 94 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; 263 FCR 292 CDZ16 v Minister for Immigration and Border Protection [2017] FCA 967 CWD16 v Minister for Immigration and Border Protection [2018] FCA 578 Gupta v Minister for Immigration and Border Protection (2017) 255 FCR 486 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 93 ALJR 252 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Morris v R (1987) 163 CLR 454 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 264 CLR 217 Singh v Minister for Immigration and Border Protection and Another [2018] FCAFC 52; 261 FCR 556 Smith Kline & French Laboratories (Aust) Ltd v Commonwealth (1991) 173 CLR 194 Sun v Minister for Immigration and Border Protection [2016] FCAFC 52; 243 FCR 220 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
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