CMY17 v Minister for Immigration and Border Protection [2018] FCA 1333
The appeal must be dismissed because the appellant did not identify nor request the Authority to consider specific 'new information' under s 473DD; no procedural or jurisdictional error arose from the Authority's handling of new information and credibility findings; leave to raise new grounds on appeal was refused as they lacked merit.
- Jurisdiction
- Australia
- Judgment Date
- 03 September 2018
- Procedural Posture
- Appeal / Appeal From Federal Circuit Court Judgment
- Outcome
- appeal dismissed
- Legal Topics
- ['fast Track Review' 'judicial Review' 'new Information' 'procedural Fairness' 'complementary Protection']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Appeal From Federal Circuit Court Judgment
Legal Issues
- 1 ["Did the Immigration Assessment Authority err in its application of s 473DD of the Migration Act 1958 regarding 'new information'?" 'Did the Authority deny procedural fairness to the appellant by not conducting an interview or considering further submitted evidence?' 'Were grounds for leave to raise new appeals established?']
Ratio Decidendi
The appeal must be dismissed because the appellant did not identify nor request the Authority to consider specific 'new information' under s 473DD; no procedural or jurisdictional error arose from the Authority's handling of new information and credibility findings; leave to raise new grounds on appeal was refused as they lacked merit.
Court Disposition
appeal dismissed
Orders
- ['The appeal be dismissed.' "The appellant pay the first respondent's costs as agreed or assessed."]
Full Case Text
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