BRF19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 820

Federal Court of Australia

BRF19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 820 Appeal from: BRF19 v Minister for Home Affairs [2020] FCCA 1065

File number: ACD 32 of 2020

Judgment of: HALLEY J

Date of judgment: 21 July 2021

Catchwords: MIGRATION – protection visa application – appeal from Federal Circuit Court of Australia – review of decision of the Administrative Appeals Tribunal (Tribunal) to affirm a decision of a delegate of the Minister not to grant the appellant a protection visa – whether grounds of appeal properly characterised as new grounds not raised below – whether expedient in the interests of justice that issues be argued on appeal – whether any relevant prejudice to the respondent – whether new grounds are meritorious – whether Tribunal exercised its jurisdiction in accordance with s 65 of the Migration Act 1958 (Cth) – whether Tribunal made inconsistent findings – whether Tribunal failed to assess clearly articulated claim –– whether Tribunal properly considered whether appellant faced a "real chance" of harm – whether Tribunal decision was unreasonable, illogical or irrational due to lack of evident and intelligible justification – leave to advance new grounds on appeal refused – appeal dismissed.

Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) ss 36, 65

Cases cited: AAM15 v Minister for Immigration and Border Protection and Another (2015) 231 FCR 452; [2015] FCA 804 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424; [2001] FCA 1833 BRF19 v Minister for Home Affairs [2020] FCCA 1065 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389; [2003] HCA 26 Han v Minister for Home Affairs [2019] FCA 331 H v Minister for Immigration & Multicultural Affairs [2000] FCA 1348 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541; [2018] HCA 30 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559; [1997] HCA 22 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 O'Brien v Komesaroff (1982) 150 CLR 310; [1982] HCA 33 SZOOR v Minister for Immigration and Citizenship (2012) 202 FCR 1; [2012] FCAFC 58 University of Wollongong v Metwallly (1985) 60 ALR 68; [1985] HCA 28 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588; [2004] FCAFC 158