Federal Court of Australia
Federal Court of Australia
BTJ17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 5 Appeal from: BTJ17 v Minister for Immigration & Border Protection [2021] FCCA 962
File number(s): NSD 496 of 2021
Judgment of: FARRELL J
Date of judgment: 12 January 2023
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – where FCCA dismissed an application for judicial review of a decision of the Immigration Assessment Authority to affirm a decision of the delegate of the Minister to refuse the appellant a Safe Haven Enterprise visa – whether failure to properly assess whether to admit 'new information' – whether failure to properly consider claims – appeal dismissed PRACTICE AND PROCEDURE – issue abandoned at first instance re-agitated on appeal – whether in the interests of the administration of justice to grant leave – no explanation advanced why issue re-agitated on appeal – proposed issue lacks merit – leave to introduce new particular refused.
Legislation: Migration Act 1958 (Cth) ss 5AA, 5J, 36; Part 7AA
Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; (2020) 269 CLR 439 AJN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1277 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; (2020) 384 ALR 196 BFV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1362; (2020) 171 ALD 628 BTJ17 v Minister for Immigration & Border Protection [2021] FCCA 962 BTJ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 1491 Han v Minister for Home Affairs [2019] FCA 331 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 92 ALJR 780 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 95 ALJR 441 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125; (2021) 285 FCR 187 Vu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 90; (2020) 276 FCR 516 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588
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