Federal Court of Australia
Federal Court of Australia
ETP19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1309 Appeal from: ETP19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 1825
File number(s): NSD 822 of 2020
Judgment of: COLLIER J
Date of judgment: 27 October 2021
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – whether appellant raised grounds of appeal relating to matters not advanced before primary Judge – where leave required to advance new grounds of appeal – where no explanation advanced by appellant as to why issues relating to new grounds of appeal not advanced before primary Judge – where no prejudice identified by either party – whether new grounds of appeal have merit
Legislation: Migration Act 1958 (Cth)
Cases cited: AAM15 v Minister for Immigration and Border Protection (2015) 231 FCR 452; [2015] FCA 804 Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 Minister for immigration and Border Protection v Aulakh (2018) 265 FCR 143; [2018] FCAFC 91 NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588; [2004] FCAFC 158
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
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