GGD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1463

GGD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1463

The appellants' proposed new grounds lack sufficient merit to warrant leave: the Authority gave proper and genuine consideration to the material as required by law, did not fail to perform its statutory function, and no jurisdictional error or failure to consider material evidence was established.

Parties
First Appellant: GGD18; Second Appellant: GGE18; Third Appellant: GGF18; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
09 September 2019
Procedural Posture
Appeal / Dismissal of Appeal From Federal Circuit Court Decision Refusing Judicial Review
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Leave to Raise New Grounds on Appeal, Fresh Evidence on Appeal, Jurisdictional Error, Procedural Fairness
Migration Law Administrative Law Judicial Review Leave to Raise New Grounds on Appeal Fresh Evidence on Appeal Jurisdictional Error Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

GGD18

First Appellant

GGE18

Second Appellant

GGF18

Third Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Appeal / Dismissal of Appeal From Federal Circuit Court Decision Refusing Judicial Review

Legal Issues

  1. 1 Whether leave should be granted to raise new grounds of judicial review not raised below
  2. 2 Whether the Authority failed to consider important evidence or constructively failed to perform review
  3. 3 Whether there was jurisdictional error by the Authority

Ratio Decidendi

The appellants' proposed new grounds lack sufficient merit to warrant leave: the Authority gave proper and genuine consideration to the material as required by law, did not fail to perform its statutory function, and no jurisdictional error or failure to consider material evidence was established.

Court Disposition

Appeal dismissed

Orders

  • The name of the first respondent be updated to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.
  • The appeal be dismissed.