Federal Court of Australia
Federal Court of Australia
DKA18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1639 Appeal from: DKA18 v Minister for Immigration [2020] FCCA 8
File number: NSD 196 of 2020
Judgment of: PERRAM J
Date of judgment: 21 December 2023
Catchwords: PRACTICE AND PROCEDURE – application to file amended notice of appeal – whether proposed grounds of appeal have sufficient prospects of success – where proposed ground of appeal not argued before trial judge MIGRATION – appeal from then Federal Circuit Court dismissing Appellant's application for judicial review of decision by Immigration Assessment Authority – whether claims made by Appellant before Authority 'new information' for purposes of s 473DD of the Migration Act 1958 (Cth) – whether 'exceptional circumstances' present to justify consideration of claims
Legislation: Migration Act 1958 (Cth) ss 473CB(1)(c), 473DC(1)(a), 473DD(a)
Cases cited: DKA18 v Minister for Immigration, Citizenship and Multicultural Affairs (Amended Notice of Appeal) [2022] FCA 953 DKA18 v Minister for Immigration, Citizenship and Multicultural Affairs (Second Amendment Application) [2023] FCA 157 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
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