Federal Court of Australia
Federal Court of Australia DTM20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1011 Appeal from: DTM20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2021] FedCFamC2G 160
File number(s): QUD 376 of 2021
Judgment of: MCEVOY J
Date of judgment: 25 August 2023
Catchwords: MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the Minister to cancel bridging visa – where appellant seeks leave to raise new grounds which were not before primary judge – where appellant alleges jurisdictional error on part of the primary judge in failing to consider grounds not raised – whether expedient in the interests of justice to allow appellant to raise new grounds of appeal – leave to raise new grounds denied – appeal dismissed.
Legislation: Migration Act 1958 (Cth), ss 48B, 116, 140 Migration Regulations 1994 (Cth), cl 050.212(3A)
Cases cited: Bitek Pty Ltd v IConnect Pty Ltd (2012) 290 ALR 288; [2012] FCA 506 Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 Han v Minister for Home Affairs [2019] FCA 331 Hossam v Minister for Immigration and Multicultural and Indigenous Affairs [2016] FCA 1161 Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 Minister for Immigration and Citizenship v SZLSP & Ors [2010] FCAFC 108; (2010) 117 ALD 259 Minister for Immigration and Citizenship v SZNCR [2011] FCA 369 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 NABE v Minister for Immigration and Multicultural Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 NAXT v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 279 O'Brien v Komesaroff (1982) 150 CLR 310; [1982] HCA 33 SZDXZ v Minister for Immigration and Citizenship [2008] FCAFC 109 University of Wollongong v Metwally (1985) 59 ALJR 481; (1985) 60 ALR 68; [1985] HCA 28 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate