BCT18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 695

Federal Court of Australia

BCT18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 695 Appeal from: BCT18 & Ors v Minister for Home Affairs & Anor [2020] FCCA 1542

File number: SAD 103 of 2020

Judgment of: CHARLESWORTH J

Date of judgment: 28 June 2021

Catchwords: MIGRATION – decision to refuse applications for Safe Haven Enterprise visas affirmed by Immigration Assessment Authority – appeal from dismissal of application for judicial review of Authority's decision – whether primary judge erred in concluding that the Authority had not failed to consider an integer of first appellant's claims concerning his profile as a non-rehabilitated former combatant with the Liberation Tigers of Tamil Eelam – no appealable error established PRACTICE AND PROCEDURE – application for leave to adduce arguments alleging jurisdictional error on the part of the Authority not raised at first instance – appellants legally represented in judicial review proceedings by different lawyers – inadequate explanation for failure to raise grounds at first instance – leave refused

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36, 65, 474, 476A, 486I

Cases cited: AAD16 v Minister for Immigration and Border Protection [2018] FCA 1433 AAM15 v Minister for Immigration and Border Protection (2015) 231 FCR 452 AOL15 v Minister for Immigration and Border Protection [2018] FCA 979 BCT18 & Ors v Minister for Home Affairs & Anor [2020] FCCA 1542 CGA15 v Minister for Home Affairs (2019) 268 FCR 362 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Raibevu v Minister for Home Affairs [2020] FCAFC 35 SZTOX v Minister for Immigration and Border Protection [2015] FCAFC 77