ANS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 559

Federal Court of Australia

ANS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 559 Appeal from: ANS17 v Minister for Immigration & Anor [2020] FCCA 625

File number: NSD 452 of 2020

Judgment of: O'BRYAN J

Date of judgment: 18 May 2022

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – where Immigration Assessment Authority (IAA) affirmed a decision of a delegate of the Minister refusing to grant a Temporary Protection visa – where ground of review not raised before primary judge – leave to advance ground on appeal refused in circumstances where no explanation provided for failure to raise the ground below and where ground had no substantive merit – whether IAA denied the appellant procedural fairness by limiting length of submissions in accordance with Practice Direction issued under s 473FB of the Migration Act 1958 (Cth) – no procedural unfairness – where the primary judge refused a request for leave to amend the appellant's application to raise a further ground of review – where appellant sought to agitate ground of review on appeal – appellant required to demonstrate error in primary judge's exercise of discretion – where no discernible error in primary judge's exercise of the discretion – appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Act 1958 (Cth) ss 5H(1), 36(2), 473DD, 473FB Federal Circuit Court Rules 2001 (Cth) r 7.01

Cases cited: ARG15 v Minister for Immigration and Border Protection (2016) 250 FCR 109 AVQ15 v Minister for Immigration and Border Protection (2018) 266 FCR 83 BXU16 v Minister for Immigration and Border Protection [2018] FCA 1897 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496 CWX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 673 DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175 DGZ16 v Minister for Immigration and Border Protection (2018) 258 FCR 551 House v The King (1936) 55 CLR 499 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 (2003) 73 ALD 1 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 78 ALD 224 Minister for Immigration v Eshetu (1999) 197 CLR 611 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588 W375/01A v Minister for Immigration and Multicultural Affairs (2002) 67 ALD 757