AXL17 v Minister for Immigration and Border Protection (No 1) [2019] FCA 774

AXL17 v Minister for Immigration and Border Protection (No 1) [2019] FCA 774

The interlocutory application to reopen the appeal was dismissed because the proposed new ground depended on recent events and claims that were not before the Administrative Appeals Tribunal; as this Court was conducting appellate review of the Federal Circuit Court's judicial review decision, not merits review, the appellants could not rely on that material to establish appellable error or jurisdictional error.

Jurisdiction
Australia
Judgment Date
27 May 2019
Procedural Posture
Appeal / Interlocutory Application to Reopen Appeal and Rely on a Proposed New Additional Ground of Appeal
Outcome
Interlocutory application dismissed with costs.
Legal Topics
['judicial Review of Administrative Appeals Tribunal Decision' 'jurisdictional Error' 'reopening an Appeal' 'new Ground of Appeal' 'country Information' 'protection Claims' 'costs']
['administrative Law' 'migration Law' 'appellate Procedure'] ['judicial Review of Administrative Appeals Tribunal Decision' 'jurisdictional Error' 'reopening an Appeal' 'new Ground of Appeal' 'country Information' 'protection Claims' 'costs']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application to Reopen Appeal and Rely on a Proposed New Additional Ground of Appeal

Legal Issues

  1. 1 ['Whether the appellants should be permitted to reopen their appeal and rely on a proposed new additional ground based on recent changes in security and human rights conditions in Sri Lanka.' 'Whether a claim relying on events and material that were not before the Administrative Appeals Tribunal can establish appellable error or jurisdictional error in this appeal.']

Ratio Decidendi

The interlocutory application to reopen the appeal was dismissed because the proposed new ground depended on recent events and claims that were not before the Administrative Appeals Tribunal; as this Court was conducting appellate review of the Federal Circuit Court's judicial review decision, not merits review, the appellants could not rely on that material to establish appellable error or jurisdictional error.

Court Disposition

Interlocutory application dismissed with costs.

Orders

  • ['The interlocutory application filed on 10 May 2019 be dismissed.' "The first and second appellants pay the first respondent's costs of the interlocutory application, as agreed or taxed."]