Federal Court of Australia
Federal Court of Australia
CKY19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1623 Appeal from: CKY19 v Minister for Immigration and Anor (No 2) [2020] FCCA 1776
File number(s): NSD 804 of 2020
Judgment of: DAVIES J
Date of judgment: 16 December 2021
Date of publication of reasons: 21 December 2021
Catchwords: MIGRATION – appeal – application for leave to rely on new ground of appeal and adduce fresh evidence not advanced in the Court below – where appellant was represented in the Court below – where legal representatives made a forensic decision not to adduce evidence sought to be relied on in this appeal – where new evidence is inconsistent with how appellant advanced case before decision makers below – interests of justice do not require grant of leave – application to adduce fresh evidence refused – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 5H, 5J, 36(2)(a)-(aa), 473CC, 473DB Federal Court Rules 2011 (Cth) r 36.57
Cases cited: Coulton v Holcombe [1986] HCA 33; 162 CLR 1
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 7
Date of hearing: 14 December 2021
Solicitor for the Appellant: Mr D Taylor of SWL Migration
Counsel for the First Respondent: Ms C Ernst
Solicitor for the First Respondent: Mills Oakley
Counsel for the Second Respondent: The Second Respondent filed a Submitting Notice
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate