AFE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 162

AFE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 162

Leave to rely on new grounds not raised below should be refused because there was no satisfactory explanation for not raising them, their merits were doubtful, and allowing new grounds would prejudice the respondent and subvert the statutory scheme; none of the grounds demonstrated legal or jurisdictional error by the Immigration Assessment Authority.

Parties
Appellant: AFE18; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
20 February 2020
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court, Decision on Leave to Raise New Grounds and Substantive Appeal
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Appeals Procedure, Jurisdictional Error, Exceptional Circumstances, New Evidence on Appeal
Administrative Law Migration Law Judicial Review Appeals Procedure Jurisdictional Error Exceptional Circumstances New Evidence on Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

AFE18

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court, Decision on Leave to Raise New Grounds and Substantive Appeal

Legal Issues

  1. 1 Whether leave should be granted to rely on new grounds of appeal not raised below
  2. 2 Whether the Immigration Assessment Authority adopted an unduly narrow construction of 'exceptional circumstances' under s 473DD Migration Act 1958
  3. 3 Whether the decision not to consider new information was legally unreasonable

Ratio Decidendi

Leave to rely on new grounds not raised below should be refused because there was no satisfactory explanation for not raising them, their merits were doubtful, and allowing new grounds would prejudice the respondent and subvert the statutory scheme; none of the grounds demonstrated legal or jurisdictional error by the Immigration Assessment Authority.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs.