BNY17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 913

Federal Court of Australia

BNY17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 913 Appeal from: BNY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 1486

File number(s): NSD 904 of 2020 NSD 905 of 2020 NSD 906 of 2020

Judgment of: MEAGHER J

Date of judgment: 7 August 2023

Catchwords: PRACTICE AND PROCEDURE – Whether leave should be granted to rely on new grounds of appeal and fresh evidence – Whether proposed new grounds of appeal have merit – Where appellants were legally represented before the Federal Circuit Court – Whether it is in the interests of justice to grant leave – Merits of new grounds of appeal insufficient to justify granting leave – Appeals dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: AAM15 v Minister for Immigration & Border Protection [2015] FCA 804; 231 FCR 452 APC17 v Minister for Immigration and Border Protection [2018] FCA 1332 AYY17 v Minister of Border Protection [2018] FCAFC 89; 261 FCR 503 BZD17 v Minister for Immigration & Border Protection [2018] FCAFC 94; 263 FCR 292 DKA18 v Minister for Immigration, Citizenship and Multicultural Affairs (Second Amendment Application) [2023] FCA 157 Han v Minister for Home Affairs [2019] FCA 331 Matthews v Minister for Home Affairs [2020] FCAFC 146 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134; 147 FCR 51 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 178 ALD 304 SZOIN v Minister for Immigration and Citizenship [2011] FCAFC 38; 191 FCR 123 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588