Federal Court of Australia
Federal Court of Australia
FJE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1352 Appeal from: Federal Circuit Court of Australia; File number SYG 2887 of 2018
File number(s): NSD 35 of 2020
Judgment of: ABRAHAM J
Date of judgment: 15 November 2022
Catchwords: MIGRATION – whether leave should be granted to admit fresh evidence on appeal – where fresh evidence cannot be adduced on review to demonstrate an error of fact by the decision maker nor to turn the application in this Court into a merits review – whether Immigration Assessment Authority erred in failing to receive new evidence under s 473DD of the Migration Act 1958 (Cth) – where Authority in fact received all new evidence that was put to it under s 473DD – Held: appeal dismissed with costs
Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 46A, 473DC, 473DD and 476 Federal Court Rules 2011 r 33.29
Cases cited: CQV16 v Minister for Immigration and Border Protection [2019] FCA 1098 DCD17 v Minister for Immigration and Border Protection [2018] FCA 1262 FJE18 v Minister for Immigration & Anor [2019] FCCA 3849 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123 Ozberk v Minister for Immigration and Multicultural Affairs [1998] FCA 12; (1998) 79 FCR 249 at 254 per Marshall J; AAW16 v Minister for Immigration and Border Protection [2017] FCA 49
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