BEP17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1388

Federal Court of Australia

BEP17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1388 Appeal from: BEP17 v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2021] FCCA 81

File number(s): WAD 21 of 2021

Judgment of: PERRY J

Date of judgment: 10 November 2023

Catchwords: EVIDENCE – affidavit annexing legal advice and visa interview transcript sought to be read – whether the appellant intended to waive legal professional privilege – new evidence on appeal PRACTICE AND PROCEDURE – application for an adjournment – where appellant sought adjournment to find pro bono representation – request made days before the hearing – no evidence to suggest reasonable prospects of finding representation – obligation of the Court and the parties under ss 37N and 37M of the Federal Court of Australia Act 1976 (Cth) – application refused MIGRATION – no specific error identified in the notice of appeal – where no error in the primary judge's consideration of the grounds of review – where no error in the primary judge's consideration of s 473DD of the Migration Act 1958 (Cth) – appeal dismissed with costs

Legislation: Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth) ss 27, 37M, 37N Migration Act 1958 (Cth) ss 473DC, 473DD

Cases cited: AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; (2020) 269 CLR 494 Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 NWWJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 176 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 [2003] HCA 30; (2003) 73 ALD 1 Simjanovska v Department of Human Services [2019] FCA 499 WZAVW v Minister for Immigration and Border Protection [2016] FCA 760