Federal Court of Australia
Federal Court of Australia
DWK22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1403 Appeal from: DWK22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 393
File number(s): VID 434 of 2023
Judgment of: BUTTON J
Date of judgment: 15 November 2023
Catchwords: MIGRATION – visas – appeal from orders of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review – where appellant seeks leave to adduce new evidence on appeal – where appellant seeks leave to advance new grounds of review on appeal – proposed new ground contending that the Administrative Appeals Tribunal erred in unreasonably refusing to take oral evidence from the appellant's de facto partner – leave to rely on proposed new ground refused
Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 420, 425, 425A, 426, 427 Federal Court Rules 2011 (Cth) r 36.57
Cases cited: Abebe v Commonwealth (1999) 197 CLR 510 AOO16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 424 AYX17 v Minister for Immigration and Border Protection (2018) 262 FCR 317 BOX16 v Minister for Immigration and Border Protection [2020] FCA 801 Butera v Director of Public Prosecutions (Vic) (1987) 164 CLR 180 CAQ17 v Minister for Immigration and Border Protection (2019) 274 FCR 477 Chen v Minister for Immigration and Ethnic Affairs (1994) 48 FCR 591 CZBH v Minister for Immigration and Border Protection [2014] FCA 1023 DBD16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 362 DWK22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 393 Han v Minister for Home Affairs [2019] FCA 331 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173 QSuper Board v Australian Financial Complaints Authority Ltd (2020) 276 FCR 97 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S154/2002 (2003) 201 ALR 437; [2003] HCA 60 Uolilo v Minister for Home Affairs [2021] FCAFC 138
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