CVD19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 747

Federal Court of Australia

CVD19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 747 Appeal from: CVD19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 660

File number(s): NSD 451 of 2020

Judgment of: GOODMAN J

Date of judgment: 7 July 2023

Catchwords: MIGRATION – appeal from a decision of the (then) Federal Circuit Court of Australia on judicial review from a decision of the Administrative Appeals Tribunal to refuse a protection visa – where ground of review not raised before primary judge – proposed grounds of appeal without merit – leave to advance new grounds on appeal refused – appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth), s 37M Migration Act 1958 (Cth), ss 36, 91R, 424, 424A Migration and Maritime Powers Legislation Amendment Act (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)

Cases cited: BCX16 v Minister for Immigration and Border Protection [2019] FCA 465; (2019) 164 ALD 313 CVD19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 660 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 Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 26 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EGZ17 [2022] FCAFC 12; (2022) 289 FCR 164 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 273 CLR 506 NWWJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 176 SZSGA v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 774 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588