Federal Court of Australia
Federal Court of Australia
CBV17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1566 Appeal from: CBV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 184
File number(s): VID 194 of 2022
Judgment of: HESPE J
Date of judgment: 22 December 2022
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit and Family Court (Circuit Court) dismissing an application for judicial review of a decision of the Immigration Assessment Authority (IAA) affirming a decision of the Minister's delegate – where notice of appeal included grounds not raised before the Circuit Court – whether interests of justice favoured grant of leave to raise new issues not raised before the Circuit Court – whether the IAA failed to consider integers of the Appellant's claim
Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36, 65
Cases cited: AIE15 v Minister for Immigration and Border Protection [2018] FCA 610 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593; [2003] FCAFC 184 CGA15 v Minister for Home Affairs (2019) 268 FCR 362; [2019] FCAFC 46 Chan Yee Kin v Minister for Immigration (1989) 169 CLR 379 CPE15 v Minister for Immigration and Border Protection [2017] FCA 591 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136; [2001] FCA 1802 Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 SZGHS v Minister for Immigration and Citizenship [2007] FCA 1572 SZQXE v Minister for Immigration and Citizenship [2012] FCA 1292
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