BAW18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 860

BAW18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 860

Leave to rely on new grounds was refused because the appellant failed to make written or oral submissions establishing the merits of the grounds or demonstrating appealable error by the primary judge; therefore, the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
27 June 2023
Procedural Posture
Appeal / Post Judgment (appeal Disposition)
Outcome
Appeal dismissed
Legal Topics
['judicial Review' 'procedural Fairness' 'jurisdictional Error' 'leave to Raise New Grounds' 'costs']
['administrative Law' 'migration Law'] ['judicial Review' 'procedural Fairness' 'jurisdictional Error' 'leave to Raise New Grounds' 'costs']

Case Brief

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Procedural Posture

Appeal / Post Judgment (appeal Disposition)

Legal Issues

  1. 1 ['Whether leave should be granted to rely upon grounds not raised at first instance' 'Whether the Tribunal failed to afford procedural fairness' "Whether the Tribunal's decision was affected by jurisdictional error"]

Ratio Decidendi

Leave to rely on new grounds was refused because the appellant failed to make written or oral submissions establishing the merits of the grounds or demonstrating appealable error by the primary judge; therefore, the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The name of the first respondent be changed to Minister for Immigration, Citizenship and Multicultural Affairs.' "The appellant is to pay the first respondent's costs of the appeal, to be assessed if not agreed."]