Federal Court of Australia
Federal Court of Australia
BHF17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 849 Appeal from: BHF17 v Minister for Immigration and Anor [2020] FCCA 3142
File number: NSD 1310 of 2020
Judgment of: NICHOLAS J
Date of judgment: 23 July 2021
Catchwords: MIGRATION – whether appellant should be given leave to raise new ground of appeal in respect of an issue not raised below – whether point has merit – where existing grounds of appeal not pressed – leave refused – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5H, 36(2), 473CB
Cases cited: CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 22
Date of hearing: 23 July 2021
Counsel for the Appellant: Mr G Foster
Solicitor for the Appellant: Sentil Solicitor
Solicitor for the First Respondent: Ms S Roberts of Mills Oakley
Counsel for the Second Respondent: The second respondent submitted save as to costs
ORDERS NSD 1310 of 2020
BETWEEN: BHF17 Appellant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent
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