Federal Court of Australia
Federal Court of Australia
BCD17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1158 Appeal from: BCD17 v Minister for Immigration & Anor [2019] FCCA 3235
File number: NSD 2031 of 2019
Judgment of: MARKOVIC J
Date of judgment: 29 September 2022
Catchwords: MIGRATION – appeal from orders made by the Federal Circuit Court of Australia (now the Federal Circuit and Family Court of Australia) dismissing an application for judicial review of a decision of the Immigration Assessment Authority – whether Authority acted unreasonably – whether Authority made a finding based on no material evidence – whether appellant denied procedural fairness – where grounds of appeal bear no resemblance to the grounds raised in the Federal Circuit Court – whether to grant leave to raise new grounds on appeal – appeal dismissed
Legislation: Migration Act 1958 (Cth)
Cases cited: BVD17 v Minister for Immigration and Border Protection [2019] HCA 34 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176 Minister for Immigration and Border Protection v SZSSJ [2016] 259 CLR 180 NDBR v Minister for Home Affairs (2021) 286 FCR 336 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16 Rawson Finances Pty Ltd v Commissioner of Taxation (2013) 296 ALR 307; [2013] FCAFC 26
Division: General Division
Registry: New South Wales
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