CKG17 v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1443

Federal Court of Australia

CKG17 v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1443 Appeal from: CKG17 v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2020] FCCA 478

File number: NSD 294 of 2020

Judgment of: YATES J

Date of judgment: 8 October 2020

Catchwords: MIGRATION – appeal from Federal Circuit Court – application for judicial review of Immigration Assessment Authority (IAA) decision – where IAA affirmed decision not to grant the appellant a Safe Haven Enterprise Visa – whether IAA failed to consider claim by appellant to be at risk as a family member of a victim of enforced disappearance by authorities or paramilitaries PRACTICE AND PROCEDURE – whether leave should be granted to raise on appeal a ground of review not raised in the proceeding below

Legislation: Federal Court of Australia Act 1976 (Cth) ss 24(1)(d), 27 Federal Court Rules 2011 (Cth) r 36.57 Judiciary Act 1903 (Cth) s 35A Migration Act 1958 (Cth) ss 5H(1), 36(2)(a), 36(2)(aa)

Cases cited: AAM15 v Minister for Immigration and Border Protection [2015] FCA 804; 231 FCR 452 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; 263 FCR 292 Han v Minister for Home Affairs [2019] FCA 331 Haritos v Federal Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; 250 FCR 510 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 Sami v Minister for Immigration and Citizenship [2013] FCAFC 128; 139 ALD 1 Summers v Repatriation Commission [2015] FCAFC 36; 230 FCR 179 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588