Federal Court of Australia
Federal Court of Australia
SZQKE v Minister for Immigration and Border Protection [2021] FCA 833 Appeal from: SZQKE v Minister for Immigration and Anor [2020] FCCA 278
File number(s): NSD 265 of 2020
Judgment of: DAVIES J
Date of judgment: 26 July 2021
Catchwords: MIGRATION – Independent Treaties Obligations Assessment (ITOA) – duty to put appellant on notice of information and sources of information – whether there was a denial of procedural fairness in failing to put country information to the appellant for comment during an ITOA interview – appeal dismissed PRACTICE AND PROCEDURE – application for leave to adduce fresh evidence on appeal – new evidence that constitutes a departure from the case below where appellant was represented – new arguments not raised below – change of position left unexplained – consideration of the question of materiality in an application for judicial review – appellant failed to show how fresh evidence would have produced a different result at first instance – application refused
Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) s 476A Federal Court Rules 2011 (Cth) r 36.57
Cases cited: AAM15 v Minister for Immigration and Border Protection [2015] FCA 804;(2015) 231 FCR 452 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; (2019) 375 ALR 47 Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1 Han v Minister for Home Affairs [2019] FCA 331 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) CLR 123 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration v SZQRB [2013] FCAFC 33 Moore v Minister for Immigration and Citizenship [2007] FCAFC 134; (2007) 161 FCR 236 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Sami v Minister for Immigration and Citizenship [2013] FCAFC 128; (2013) 139 ALD 1 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588
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