Federal Court of Australia
Federal Court of Australia
FDT20 v Minister for Home Affairs [2021] FCA 1484 Appeal from: FDT20 v Minister for Home Affairs [2021] FCCA 711
File number: NSD 840 of 2021
Judgment of: GRIFFITHS J
Date of judgment: 29 November 2021
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court to refuse writ of habeas corpus and mandamus –application for leave to amend notice of appeal to run a ground not permitted to be run below – where proposed amended notice of appeal provided two days before hearing – no sufficient explanation for delay – where respondents contend new ground could have been met by evidence below – where appellant is an unauthorised maritime arrival in Australia for a temporary purpose – whether arguable case that non-refoulement assessment must be conducted before taking appellant to a regional processing country pursuant to s 198AD of the Migration Act 1958 (Cth) – held: leave to amend refused and appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 189, 196(1), 197C, 198, 198AA(b), 198AD, 198AH Federal Court Rules 2011 (Cth) r 36.01 Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) Arts 32 and 33 International Covenant on Civil and Political Rights, opened for signature 19 December 1966, 999 UNTS 171 (entered into force 23 March 1976) Art 13 Protocol Relating to the Status of Refugees, 606 UNTS 267 (entered into force 4 October 1967) Arts 32 and 33
Cases cited: AOU21 v Minister for Home Affairs [2021] FCAFC 60 Commonwealth of Australia v AJL20 [2021] HCA 21; 95 ALJR 567 FDT20 v Minister for Home Affairs [2021] FCCA 711 Ibrahim v Minister for Home Affairs [2019] FCAFC 89; 270 FCR 12 MB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 442 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; 250 FCR 510 NAGV and NAGW of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 6; 222 CLR 161 NATB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 292; 133 FCR 506 Plaintiff M96A/2016 v Commonwealth of Australia [2017] HCA 16; 261 CLR 582 Vu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 90; 276 FCR 516 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
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