EMX18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 548

Federal Court of Australia

EMX18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 548 Appeal from: EMX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 161

File number: VID 677 of 2021

Judgment of: JACKSON J

Date of judgment: 27 May 2024

Catchwords: MIGRATION - appeal - protection visa refused by delegate of Minister - fast track reviewable decision - Immigration Assessment Authority affirmed decision - Federal Circuit and Family Court of Australia dismissed application for judicial review - proposed appeal grounds not raised before primary judge - whether Authority fulfilled requirements of s 473DC and s 473DD of the Migration Act 1958 (Cth) concerning new information - notice of marriage to Australian citizen - whether Authority was required to reach a view about whether it was new information - leave to rely on new grounds refused - appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36, 65, 473DB, 473DC, 473DD

Cases cited: AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; (2020) 269 CLR 494 AXD21 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 912 BLX16 v Minister for Immigration and Border Protection [2019] FCAFC 176 BVD17 v Minister for Immigration and Border Protection [2018] FCAFC 114; (2018) 261 FCR 35 FCS17 v Minister for Home Affairs [2020] FCAFC 68; (2020) 276 FCR 644 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Nathanson v Minister for Home Affairs [2022] HCA 26; (2022) 276 CLR 80 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; (2007) 233 CLR 18