DZG17 v Minister for Immigration and Border Protection [2019] FCA 8

DZG17 v Minister for Immigration and Border Protection [2019] FCA 8

None of the evidence sought to be adduced by the applicants (documents, witness statements, medical reports) was relevant or probative to any grounds of appeal before the Federal Court of Australia; therefore, leave to adduce such evidence should not be granted and the interlocutory application must be dismissed.

Parties
First Applicant: DZG17; Second Applicant: DZH17; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
11 January 2019
Procedural Posture
Appeal / Interlocutory Application in Appeal
Outcome
Interlocutory application dismissed; costs reserved; orders and reasons published electronically.
Legal Topics
Protection Visas, Jurisdictional Error, Leave to Adduce Further Evidence
Administrative Law Migration Law Protection Visas Jurisdictional Error Leave to Adduce Further Evidence

Case Brief

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Parties

DZG17

First Applicant

DZH17

Second Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Interlocutory Application in Appeal

Legal Issues

  1. 1 Whether leave should be granted to rely on documents and oral evidence not previously before the court in support of grounds of appeal
  2. 2 Whether any of the proposed evidence is relevant to the grounds of appeal based on jurisdictional error
  3. 3 Whether the Tribunal or Federal Circuit Court failed to afford natural justice or erred as alleged

Ratio Decidendi

None of the evidence sought to be adduced by the applicants (documents, witness statements, medical reports) was relevant or probative to any grounds of appeal before the Federal Court of Australia; therefore, leave to adduce such evidence should not be granted and the interlocutory application must be dismissed.

Court Disposition

Interlocutory application dismissed; costs reserved; orders and reasons published electronically.

Orders

  • The interlocutory application filed 21 August 2018 is dismissed.
  • Costs are reserved.