AJL15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 289

AJL15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 289

Leave to file and rely on the amended notice of appeal was refused because the appellant gave no substantive explanation for raising entirely new grounds at a late appellate stage, had access to legal representation at various points, granting leave would prejudice the Minister by potentially causing wasted costs and a further hearing, and none of the proposed grounds had merit. The further evidence application was refused on the common basis that it should fall with refusal of leave to amend, and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
26 March 2021
Procedural Posture
Migration Appeal Concerning Refusal of a Protection (class Xa) Visa / Appeal From the Federal Circuit Court of Australia Dismissing an Application for Judicial Review, With Interlocutory Applications to File Further Evidence and an Amended Notice of Appeal
Outcome
Interlocutory application dismissed; appeal dismissed.
Legal Topics
['protection Visa' 'judicial Review' 'jurisdictional Error' 'leave to Raise New Grounds on Appeal' 'further Evidence on Appeal' 'refugee Criterion' 'complementary Protection' 'sri Lanka' 'tamil Hindu Ethnicity']
['migration Law' 'administrative Law'] ['protection Visa' 'judicial Review' 'jurisdictional Error' 'leave to Raise New Grounds on Appeal' 'further Evidence on Appeal' 'refugee Criterion' 'complementary Protection' 'sri Lanka' 'tamil Hindu Ethnicity']

Case Brief

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Procedural Posture

Migration Appeal Concerning Refusal of a Protection (class Xa) Visa / Appeal From the Federal Circuit Court of Australia Dismissing an Application for Judicial Review, With Interlocutory Applications to File Further Evidence and an Amended Notice of Appeal

Legal Issues

  1. 1 ['Whether the appellant should be granted leave to file and rely on an amended notice of appeal raising new allegations of jurisdictional error not raised before the primary Judge.' 'Whether the appellant should be granted leave to file further evidence.' 'Whether the proposed grounds concerning false passport offences, imputed political opinion, police summonses, scars, and failure to inspect scars had sufficient merit.' 'Whether the appeal should be dismissed if leave to amend was refused.']

Ratio Decidendi

Leave to file and rely on the amended notice of appeal was refused because the appellant gave no substantive explanation for raising entirely new grounds at a late appellate stage, had access to legal representation at various points, granting leave would prejudice the Minister by potentially causing wasted costs and a further hearing, and none of the proposed grounds had merit. The further evidence application was refused on the common basis that it should fall with refusal of leave to amend, and the appeal was dismissed.

Court Disposition

Interlocutory application dismissed; appeal dismissed.

Orders

  • ['The interlocutory application filed on 2 August 2019 be dismissed.' 'The appeal be dismissed.']