EMX18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 548

EMX18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 548

Leave to amend the notice of appeal was refused because the appellant gave no good explanation for not raising the proposed grounds below and, determinatively, the proposed grounds lacked sufficient merit. Read fairly and in context, the Authority's reasons showed that it engaged with whether the marriage information could be relevant and reached the state of mind that it did not consider the information may be relevant. On s 473DC(1)(b), the marriage information was therefore not new information, so the proposed s 473DD grounds fell away. The only remaining original ground of appeal was generic and unparticularised and had no merit, so the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
27 May 2024
Procedural Posture
Migration Appeal Concerning Refusal of a Protection Visa and Judicial Review of an Immigration Assessment Authority Decision / Appeal to the Federal Court of Australia; Application to Amend Notice of Appeal to Rely on New Grounds
Outcome
Application to amend notice of appeal dismissed; appeal dismissed with costs fixed in favour of the first respondent.
Legal Topics
['protection Visa' 'fast Track Reviewable Decision' 'immigration Assessment Authority' 'new Information' 'exceptional Circumstances' 'relocation Within Country of Nationality' 'jurisdictional Error' 'leave to Raise New Grounds on Appeal']
['migration Law' 'administrative Law' 'judicial Review'] ['protection Visa' 'fast Track Reviewable Decision' 'immigration Assessment Authority' 'new Information' 'exceptional Circumstances' 'relocation Within Country of Nationality' 'jurisdictional Error' 'leave to Raise New Grounds on Appeal']

Case Brief

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Procedural Posture

Migration Appeal Concerning Refusal of a Protection Visa and Judicial Review of an Immigration Assessment Authority Decision / Appeal to the Federal Court of Australia; Application to Amend Notice of Appeal to Rely on New Grounds

Legal Issues

  1. 1 ['Whether the appellant should be granted leave to rely on proposed new appeal grounds not raised before the Federal Circuit and Family Court of Australia.' "Whether the Immigration Assessment Authority failed to form a state of satisfaction about whether the appellant's marriage information was new information within s 473DC(1) of the Migration Act 1958 (Cth)." 'Whether the Authority erred by considering exceptional circumstances under s 473DD(a) without first determining whether the information was new information or considering s 473DD(b).' 'Whether the proposed errors had sufficient merit to justify leave to amend the notice of appeal.']

Ratio Decidendi

Leave to amend the notice of appeal was refused because the appellant gave no good explanation for not raising the proposed grounds below and, determinatively, the proposed grounds lacked sufficient merit. Read fairly and in context, the Authority's reasons showed that it engaged with whether the marriage information could be relevant and reached the state of mind that it did not consider the information may be relevant. On s 473DC(1)(b), the marriage information was therefore not new information, so the proposed s 473DD grounds fell away. The only remaining original ground of appeal was generic and unparticularised and had no merit, so the appeal was dismissed.

Court Disposition

Application to amend notice of appeal dismissed; appeal dismissed with costs fixed in favour of the first respondent.

Orders

  • ['The application to amend the notice of appeal is dismissed.' 'The appeal is dismissed.' "The appellant must pay the first respondent's costs of the proceeding, fixed at $5,000."]