DUR16 v Minister for Immigration and Border Protection [2019] FCA 2043

Procedural Posture

Appeal / Interlocutory Application for Leave to Amend Notice of Appeal

Legal Issues

1. 1 ["Whether leave should be granted to amend notice of appeal to raise new grounds challenging the Immigration Assessment Authority's decision" 'Whether new grounds have merit for judicial review' 'Whether further evidence on appeal should be admitted' 'Whether the first respondent would suffer prejudice by permitting new grounds or evidence' 'Whether the evidence could have been adduced below with reasonable diligence' "Whether failure to consider some aspects of appellant's claims is a jurisdictional error"]

Ratio Decidendi

Leave was granted only to raise the ground that the IAA failed to consider two integers of the appellant's claims, specifically extortion demands by Sri Lankan authorities (other than paramilitary groups). Leave to adduce further evidence was refused as the evidence could have been obtained by reasonable diligence and was not likely to have changed the result. Other new grounds lacked reasonable prospects or sufficient explanation for not being raised below. The application was otherwise dismissed.

Court Disposition

Application dismissed except for limited leave granted to raise one new ground

Orders

• ["Subject to Order 2, the appellant's interlocutory application dated 15 February 2019 is dismissed." "The appellant has leave to raise on the appeal the ground identified in para 1 under the heading 'New ground 2 — Failure to consider two integers of appellant's claims' in the document annexed to Mr Rasan Selliah's...