Federal Court of Australia
Federal Court of Australia
Sharma v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 772 Appeal from: Sharma v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 2146
File number: NSD 693 of 2021
Judgment of: NICHOLAS J
Date of judgment: 18 July 2024
Catchwords: MIGRATION – appeal from judgment of primary judge dismissing application for judicial review – whether appellants should be permitted to rely on grounds of appeal raising arguments not raised below – whether new grounds have any legal merit – leave to rely on new grounds refused
Legislation: Migration Act 1958 (Cth) ss 52, 101, 103, 109, 140(1), 360, 362A, 424A Migration Regulations 1994 (Cth) reg 2.55
Cases cited: Minister for Immigration and Border Protection v Dhillon (2014) 227 FCR 525 Sun v Minister for Immigration and Border Protection (2016) 243 FCR 220 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 238 FCR 588
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 35
Date of hearing: 26 October 2023
Counsel for the Appellants: Mr R Chia (on a direct access basis)
Counsel for the First Respondent: Mr T Reilly
Solicitor for the First Respondent: MinterEllison
Counsel for the Second Respondent: The second respondent submitted save as to costs
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