DKA18 v Minister for Immigration, Citizenship and Multicultural Affairs (Second Amendment Application) [2023] FCA 157

DKA18 v Minister for Immigration, Citizenship and Multicultural Affairs (Second Amendment Application) [2023] FCA 157

Leave to amend the notice of appeal to include Ground 1 is refused due to delay, lack of explanation, lack of substantial merit, and the risk of further adjournment and delay in proceedings.

Parties
Appellant: DKA18; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
28 February 2023
Procedural Posture
Appeal / Application to Further Amend Notice of Appeal
Outcome
Application to file the proposed Further Amended Notice of Appeal refused insofar as Ground 1 is concerned; balance of amendment application to be determined with appeal hearing.
Legal Topics
Immigration Appeals, Amendment of Notice of Appeal, Procedural Fairness, Evidence on Appeal
Administrative Law Immigration Appeals Amendment of Notice of Appeal Procedural Fairness Evidence on Appeal

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Parties

DKA18

Appellant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Appeal / Application to Further Amend Notice of Appeal

Legal Issues

  1. 1 Whether leave should be granted to further amend the notice of appeal to include a new ground alleging failure of the Secretary to provide relevant medical documents under s 473CB of the Migration Act 1958 (Cth)

Ratio Decidendi

Leave to amend the notice of appeal to include Ground 1 is refused due to delay, lack of explanation, lack of substantial merit, and the risk of further adjournment and delay in proceedings.

Court Disposition

Application to file the proposed Further Amended Notice of Appeal refused insofar as Ground 1 is concerned; balance of amendment application to be determined with appeal hearing.

Orders

  • The application to file the proposed Further Amended Notice of Appeal is refused insofar as Ground 1 is concerned.
  • The balance of the amendment application will be determined concurrently with the hearing of the appeal on the basis that if the amendment is allowed no further submissions will be necessary.