CVW16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 73

Federal Court of Australia

CVW16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 73 Appeal from: CVW16 v Minister for Immigration [2019] FCCA 3478

File number: NSD 2103 of 2019

Judgment of: MARKOVIC J

Date of judgment: 13 February 2024

Catchwords: MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (then the Federal Circuit Court of Australia (Div 2)) – application to rely on new grounds on appeal – where no explanation provided for why the new grounds were not raised before the Federal Circuit Court – whether the new grounds have merit – where grounds do not have merit – appeal dismissed

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

Cases cited: AAI20 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1252 Abebe v The Commonwealth of Australia (1999) 197 CLR 510 AVQ15 v Minister for Immigration and Border Protection (2018) 266 FCR 83 BBS15 v Minister for Immigration and Border Protection (2017) 248 FCR 159 BVZ21 v Commonwealth of Australia [2022] FCAFC 122 Han v Minister for Home Affairs [2019] FCA 331 Hong v Minister for Immigration and Border Protection (2019) 269 FCR 47 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136 Minister for Immigration and Citizenship v SZIAI (2009) 111 ALD 15; [2009] HCA 39 Muin v Refugee Review Tribunal (2002) 68 ALD 257 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 R v Criminal Injuries Compensation Board; Ex parte A [1999] 2 AC 330 SZOIN v Minister for Immigration (2011) 191 FCR 123 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588