AAI20 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1252

Federal Court of Australia

AAI20 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1252 Appeal from: AAI20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 28

File number: NSD 57 of 2022

Judgment of: STEWART J

Date of judgment: 21 October 2022

Catchwords: MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of Immigration Assessment Authority's decision to affirm delegate's decision not to grant protection visa – where Secretary failed to refer enhanced screening process interview to the Authority in breach of s 473CB(1) of the Migration Act 1958 (Cth) – whether breach of s 473CB(1) of the Act is material to Authority's decision with respect to appellant's credibility – whether Authority considered appellant's claims in audio recording of appellant's arrival interview – whether jurisdictional error – appeal upheld PRACTICE AND PROCEDURE – application to rely on amended notice of appeal with new grounds of appeal and new evidence at the appeal hearing – where no satisfactory explanation given as to why necessary preparatory steps for appeal were not taken earlier – leave not granted for appellant to rely on new ground of appeal seemingly lacking merit – interpretation errors – leave granted for appellant to rely on new ground of appeal overlapping with original ground of appeal and creating no prejudice – criticisms of manner of conduct of the appeal

Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 5AA, 5H(1), 36(2)(a), 36(2)(aa), 46(2), 46A(1), 473CA, 473CB(1)(c), 473CC(1), 473DC(3)(b), 477(1)