CKT16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 230

CKT16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 230

Leave to advance the two new grounds of appeal and to adduce further evidence was refused because the appellant gave no adequate or acceptable explanation for not raising the grounds below despite being legally represented, the Minister would suffer specific prejudice in responding to proposed ground 2 without the Tribunal hearing transcripts, the proposed grounds lacked sufficient merit at an impressionistic level, the appellant had not complied with r 36.57 of the Federal Court Rules 2011 (Cth), and granting leave would not promote the overarching purpose of resolving disputes according to law as quickly, inexpensively and efficiently as possible. The appeal was therefore dismissed with...

Jurisdiction
Australia
Judgment Date
17 March 2022
Procedural Posture
Migration Appeal From Dismissal of Application for Judicial Review of Administrative Appeals Tribunal Decision Affirming Refusal of Protection Visa / Appeal in Federal Court; Application for Leave to Advance New Grounds of Appeal and Adduce Further Evidence
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'complementary Protection' 'leave to Raise New Grounds on Appeal' 'fresh Evidence on Appeal' 'jurisdictional Error' 'real Risk of Significant Harm' 'country Information']
['migration' 'administrative Law' 'judicial Review'] ['protection Visa' 'complementary Protection' 'leave to Raise New Grounds on Appeal' 'fresh Evidence on Appeal' 'jurisdictional Error' 'real Risk of Significant Harm' 'country Information']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of Application for Judicial Review of Administrative Appeals Tribunal Decision Affirming Refusal of Protection Visa / Appeal in Federal Court; Application for Leave to Advance New Grounds of Appeal and Adduce Further Evidence

Legal Issues

  1. 1 ['Whether the appellant should be granted leave to advance two new grounds of appeal not raised before the primary judge.' 'Whether the appellant should be granted leave to adduce further evidence on appeal.' "Whether the proposed grounds concerning the Tribunal's assessment of real risk of significant harm and travel to the appellant's home area had sufficient merit." 'Whether refusal of leave was supported by the absence of an adequate explanation, prejudice to the Minister, non-compliance with r 36.57 of the Federal Court Rules 2011 (Cth), and the overarching purpose in the Federal Court of Australia Act 1976 (Cth).']

Ratio Decidendi

Leave to advance the two new grounds of appeal and to adduce further evidence was refused because the appellant gave no adequate or acceptable explanation for not raising the grounds below despite being legally represented, the Minister would suffer specific prejudice in responding to proposed ground 2 without the Tribunal hearing transcripts, the proposed grounds lacked sufficient merit at an impressionistic level, the appellant had not complied with r 36.57 of the Federal Court Rules 2011 (Cth), and granting leave would not promote the overarching purpose of resolving disputes according to law as quickly, inexpensively and efficiently as possible. The appeal was therefore dismissed with...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal will be dismissed with costs.']