CGK17 v Minister for Immigration and Border Protection [2022] FCA 1099

Federal Court of Australia

CGK17 v Minister for Immigration and Border Protection [2022] FCA 1099 Appeal from: CGK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2020] FCCA 231

File number(s): NSD 199 of 2020

Judgment of: ROFE J

Date of judgment: 16 September 2022

Catchwords: PRACTICE AND PROCEDURE – appeal from judgment of the Federal Circuit Court of Australia – application to introduce new ground not advanced before the primary judge – all other grounds abandoned – where appellant has been legally represented – explanation for not having raised ground below – merits of proposed ground – leave to introduce new ground refused – appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: AAD16 v Minister for Immigration and Border Protection [2018] FCCA 2399 AFE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 162 BCQ16 v Minister for Immigration [2018] FCA 365 CCQ17 v Minister for Immigration and Border Protection [2018] FCA 1641 EVW18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1363 Minister for Immigration and Border Protection v CRY16 (2017) 253 FCR 475 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588 WGKS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1060