EQV20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 129

EQV20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 129

The appellant's proposed ground of appeal is without sufficient merit to justify a grant of leave. The submission concerning the Tribunal's alleged failure to consider overarching principle 6.3(7) was too oblique and not a substantial, clearly articulated argument requiring a response, and therefore did not constitute a denial of procedural fairness or constructive failure to exercise jurisdiction.

Jurisdiction
Australia
Judgment Date
05 August 2022
Procedural Posture
Appeal / Judgment After Hearing of Appeal From Federal Court Dismissal of Judicial Review Application
Outcome
appeal dismissed; application to file amended notice of appeal dismissed; costs ordered against appellant
Legal Topics
['procedural Fairness' 'judicial Review' 'grounds of Appeal' 'migration Decisions' 'ministerial Directions Under Migration Act']
['migration Law' 'administrative Law'] ['procedural Fairness' 'judicial Review' 'grounds of Appeal' 'migration Decisions' 'ministerial Directions Under Migration Act']

Case Brief

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Procedural Posture

Appeal / Judgment After Hearing of Appeal From Federal Court Dismissal of Judicial Review Application

Legal Issues

  1. 1 ['Whether leave should be granted for the appellant to rely on a new ground of appeal not raised before the primary judge' 'Whether the proposed new ground—that there was a constructive failure to exercise jurisdiction and denial of procedural fairness by the Tribunal—has sufficient merit']

Ratio Decidendi

The appellant's proposed ground of appeal is without sufficient merit to justify a grant of leave. The submission concerning the Tribunal's alleged failure to consider overarching principle 6.3(7) was too oblique and not a substantial, clearly articulated argument requiring a response, and therefore did not constitute a denial of procedural fairness or constructive failure to exercise jurisdiction.

Court Disposition

appeal dismissed; application to file amended notice of appeal dismissed; costs ordered against appellant

Orders

  • ["The appellant's application to file an amended notice of appeal be dismissed." 'The appeal be dismissed.' "The appellant pay the first respondent's costs as agreed or assessed."]