EAV16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1329

EAV16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1329

Leave to rely on new grounds of appeal was refused because the proposed grounds relating to procedural fairness, apprehended bias, and legal unreasonableness lacked sufficient merit. The Immigration Assessment Authority (IAA) did not prevent the appellant from making submissions, and receipt of the Practice Direction and information shortly before the end of the 21-day period did not amount to a material denial of any statutory right or give rise to legal unreasonableness, apprehended bias, or jurisdictional error. The statutory scheme did not require the IAA to provide an extension or to reconsider late submissions in these circumstances.

Jurisdiction
Australia
Judgment Date
17 September 2020
Procedural Posture
Appeal / Federal Court of Australia Appeal From Federal Circuit Court
Outcome
Appeal dismissed; leave to rely on amended grounds refused
Legal Topics
['judicial Review' 'procedural Fairness' 'legal Unreasonableness' 'apprehended Bias' 'practice Directions']
['migration Law' 'administrative Law'] ['judicial Review' 'procedural Fairness' 'legal Unreasonableness' 'apprehended Bias' 'practice Directions']

Case Brief

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Procedural Posture

Appeal / Federal Court of Australia Appeal From Federal Circuit Court

Legal Issues

  1. 1 ["Whether the Immigration Assessment Authority's failure to provide the appellant with a reasonable opportunity to make submissions amounted to denial of procedural fairness, legal unreasonableness, or apprehended bias in circumstances where notification was posted to an incorrect address and received late; whether new grounds abandoned in the lower court can be raised on appeal"]

Ratio Decidendi

Leave to rely on new grounds of appeal was refused because the proposed grounds relating to procedural fairness, apprehended bias, and legal unreasonableness lacked sufficient merit. The Immigration Assessment Authority (IAA) did not prevent the appellant from making submissions, and receipt of the Practice Direction and information shortly before the end of the 21-day period did not amount to a material denial of any statutory right or give rise to legal unreasonableness, apprehended bias, or jurisdictional error. The statutory scheme did not require the IAA to provide an extension or to reconsider late submissions in these circumstances.

Court Disposition

Appeal dismissed; leave to rely on amended grounds refused

Orders

  • ['The name of the first respondent is amended to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.' 'The appellant is refused leave to rely on the grounds set out in the amended notice of appeal filed on 27 March 2019.' 'The appeal is dismissed.' "The appellant must pay the first...