Federal Court of Australia
Federal Court of Australia
BQX17 v Minister for Immigration and Border Protection [2022] FCA 595 Appeal from: BQX17 v Minister for Immigration and Border Protection [2020] FCCA 1161
File number(s): NSD 632 of 2020
Judgment of: GREENWOOD J
Date of judgment: 20 May 2022
Catchwords: MIGRATION – consideration of an application for leave to rely upon an amended notice of appeal – consideration of an application for leave to rely upon an affidavit of Ms Harendran – consideration of whether the Immigration Assessment Authority failed to identify and thus failed to address a claim said to have been made by the appellants for the purposes of a review proceeding before the IAA
Legislation: Migration Act 1958 (Cth), ss 5H, 5J, 36(2)(a) 36(2)(aa), 36(2A), 473CB
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 50
Date of last submission/s: 14 January 2021
Date of hearing: 2 February 2021
Counsel for the Appellants: Mr D Taylor
Solicitor for the Appellants: Sydney West Legal and Migration
Counsel for the Respondents: Mr J Kay Hoyle
Solicitor for the Respondents: Mills Oakley Lawyers
ORDERS NSD 632 of 2020
BETWEEN: BQX17 First Appellant
BQY17 Second Appellant
BQZ17 Third Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
IMMIGRATION ASSESSMENT AUTHORITY Second Respondent
order made by: GREENWOOD J DATE OF ORDER: 20 MAY 2022
THE COURT ORDERS THAT:
1. Leave is granted to rely upon the amended notice of appeal. 2. Leave is granted to rely upon the affidavit of Noeline Dilhara Balasanthiran Harendran affirmed 16 April 2020. 3. The appeal is dismissed. 4. The appellants pay the costs of the first respondent of and incidental to the appeal. 5. Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these orders and the reasons for judgment in support of these orders are made and published from Chambers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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