Federal Court of Australia
Federal Court of Australia
AEX19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1069 Appeal from: AEX19 v Minister for Immigration & Anor (No. 2) [2020] FCCA 2615
File number: SAD 151 of 2020
Judgment of: YATES J
Date of judgment: 7 September 2021
Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia in judicial review proceedings – decision of the Immigration Assessment Authority affirming a decision not to grant the appellant a protection visa – whether, in the appeal, leave should be granted to the appellant to rely on grounds not raised in the proceeding below – whether the Immigration Assessment Authority evaluated new information against the criteria of s 473DD(b)(i) and (ii) of the Migration Act 1958 (Cth) before reaching a conclusion under s 473DD(a) on whether exceptional circumstances exist to justify considering that information
Legislation: Migration Act 1958 (Cth) ss 36(2), 473CA, 473CB, 473CC, 473DB, 473DC, 473DD
Cases cited: APH 17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 23 Applicant NABD of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 29; 84 ALD 545; 216 ALR 1 AUS17 v Minister for Immigration and Border Protection (2020) HCA 37; 384 ALR 196 CGA15 v Minister for Home Affairs [2019] FCAFC 46 EAT17 v Minister for Home Affairs [2021] FCA 68 FBR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1620 Han v Minister for Home Affairs [2019] FCA 331 Minister for Immigration & Multicultural Affairs v Indatissa [2001] FCA 181; 64 ALD Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 [2020] FCAFC 159; 171 ALD 477 NAHI v Minister for Immigration and Multicultural Affairs [2004] FCAFC 10 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA FC 158; 238 FCR 588
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