CRM18 v Minister for Home Affairs [2019] FCA 665

CRM18 v Minister for Home Affairs [2019] FCA 665

Leave was refused to raise the proposed ground of appeal because the available evidence did not allow the Federal Court, on appeal, to be satisfied that the IAA considered 'new information' contrary to the Migration Act, as the relevant primary materials were not before the Court. The appeal was accordingly dismissed.

Parties
Applicant: CRM18; First Respondent: Minister for Home Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
17 May 2019
Procedural Posture
Migration Appeal / Appellate (federal Court of Australia Determination of Appeal From Federal Circuit Court)
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Jurisdictional Error, New Information Under Migration Act, Safe Haven Enterprise Visa Application, Extension of Time
Migration Law Administrative Law Judicial Review Jurisdictional Error New Information Under Migration Act Safe Haven Enterprise Visa Application Extension of Time

Case Brief

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Parties

CRM18

Applicant

Minister for Home Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Migration Appeal / Appellate (federal Court of Australia Determination of Appeal From Federal Circuit Court)

Legal Issues

  1. 1 Whether the Immigration Assessment Authority considered 'new information' within the meaning of s 473DC and s 473DD of the Migration Act without satisfying required preconditions
  2. 2 Whether leave should be granted to raise a ground on appeal not raised before the primary judge

Ratio Decidendi

Leave was refused to raise the proposed ground of appeal because the available evidence did not allow the Federal Court, on appeal, to be satisfied that the IAA considered 'new information' contrary to the Migration Act, as the relevant primary materials were not before the Court. The appeal was accordingly dismissed.

Court Disposition

Appeal dismissed

Orders

  • Time extended to permit the applicant to file the notice of appeal out of time.
  • Leave refused to raise a ground not raised before the primary judge.