CMI19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 255

Federal Court of Australia

CMI19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 255 Appeal from: CMI19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 1326

File number: WAD 149 of 2020

Judgment of: JACKSON J

Date of judgment: 22 March 2022

Catchwords: MIGRATION - appeal from decision of the Federal Circuit Court - application for judicial review of decision of the Administrative Appeals Tribunal affirming delegate's decision to refuse to grant Protection Visa - no error in reasons of the primary judge identified - new grounds raised on appeal - new grounds seek to impugn decision based on events occurring after date of Tribunal's decision - proposed grounds not reasonably arguable - leave to rely on new grounds refused - appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36

Cases cited: AAM15 v Minister for Immigration and Border Protection [2015] FCA 804; (2015) 231 FCR 452 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; (2018) 263 FCR 292 Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 11; (2021) 284 FCR 152 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EGZ17 [2022] FCAFC 12 Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2; (2003) 211 CLR 476 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588