CBA17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 187

Federal Court of Australia

CBA17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 187 Appeal from: CBA17 v Minister for Immigration & Anor [2020] FCCA 511

File number: NSD 416 of 2020

Judgment of: GOODMAN J

Date of judgment: 10 March 2023

Catchwords: MIGRATION – appeal from decision of the (then) Federal Circuit Court of Australia on judicial review of a decision of the Immigration Assessment Authority – whether primary judge erred in dismissing an application to amend and then dismissing the proceeding – whether the Authority failed to consider an integer of the applicant's claim – other grounds not raised before primary judge – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth), s 37M Migration Act 1958 (Cth), ss 5H, 5J, 36

Cases cited: AXX16 v Minister for Home Affairs [2019] FCA 190 BET20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 6 BXU16 v Minister for Immigration and Border Protection [2018] FCA 1897 CBA17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 511 CWX18 v Minister of Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 673 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 EQV20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 129 Francuziak v Minister for Justice [2015] FCAFC 162; (2015) 238 FCR 332 House v The King [1936] HCA 40; (1936) 55 CLR 499 Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 26 Mawhinney v Australian Securities and Investments Commission [2022] FCAFC 159 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588