Federal Court of Australia
Federal Court of Australia
DKA18 v Minister for Immigration, Citizenship and Multicultural Affairs (Second Amendment Application) [2023] FCA 157 File number: NSD 196 of 2020
Judgment of: PERRAM J
Date of judgment: 28 February 2023
Catchwords: PRACTICE AND PROCEDURE – application to file a further amended notice of appeal – where proposed amendment alleges failure of Secretary to provide to Immigration Assessment Authority medical records under s 473CB of Migration Act 1958 (Cth) – where not raised at first instance - where appeal previously adjourned due to prior unsuccessful amendment application – where application would require further adjournment of appeal
Legislation: Migration Act 1958 (Cth) s 473CB
Cases cited: AUF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 222; 274 FCR 82
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 9
Date of hearing: 28 February 2023
Counsel for the Appellant: Mr D Taylor
Solicitor for the Appellant: Sydney West Legal and Migration
Counsel for the First Respondent: Ms K Hooper
Solicitor for the First Respondent: MinterEllison
Counsel for the Second Respondent: The Second Respondent filed a submitting notice save as to costs
ORDERS NSD 196 of 2020
BETWEEN: DKA18 Appellant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent
IMMIGRATION ASSESSMENT AUTHORITY Second Respondent
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