Federal Court of Australia
Federal Court of Australia
ELD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 299 Appeal from: ELD18 v Minister for Immigration and Anor [2020] FCCA 335
File number: WAD 68 of 2020
Judgment of: NICHOLAS J
Date of judgment: 30 March 2021
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court dismissing an appeal against a decision of the Immigration Assessment Authority – where the Authority affirmed a decision of a delegate of the Minister to refuse the appellant's application for a Safe Haven Enterprise visa – where appellant seeks leave to raise an additional ground of appeal not raised before the Federal Circuit Court – unreasonableness – whether Authority made a finding not supported by probative evidence – held that new ground of appeal does not have sufficient merit – leave to raise additional ground of appeal denied – appeal dismissed
Cases cited: BJO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 189 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496 DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 238 FCR 588
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