FUD18 v Minister for Home Affairs [2020] FCA 1897

FUD18 v Minister for Home Affairs [2020] FCA 1897

The respondent's tender bundle was relevant and admissible because it contained information additional to the Interpol Red Notice and was relevant to the existence of material in the Minister's possession, to possible grounds for visa refusal beyond section 501(1) read with section 501(6)(h) of the Migration Act 1958 (Cth), and to the relief the Court should grant. The presence of opinion material did not render the documents inadmissible in this context. Leave to re-open was therefore granted and the tender bundle admitted.

Jurisdiction
Australia
Judgment Date
31 January 2020
Procedural Posture
Practice and Procedure; Evidence in Migration Related Judicial Review Proceedings / Application by the Respondent to Re Open to Tender Further Evidence
Outcome
The respondent was granted leave to re-open and the respondent's tender bundle filed on 20 November 2019 was admitted into evidence.
Legal Topics
['application to Re Open' 'tender of Further Evidence' 'relevance and Admissibility' 'interpol Red Notice' 'visa Refusal Consideration' 'harman Undertaking']
['practice and Procedure' 'evidence' 'migration Law' 'administrative Law'] ['application to Re Open' 'tender of Further Evidence' 'relevance and Admissibility' 'interpol Red Notice' 'visa Refusal Consideration' 'harman Undertaking']

Case Brief

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Procedural Posture

Practice and Procedure; Evidence in Migration Related Judicial Review Proceedings / Application by the Respondent to Re Open to Tender Further Evidence

Legal Issues

  1. 1 ['Whether the respondent should be granted leave to re-open to tender a bundle of documents filed on 20 November 2019.' "Whether the documents in the respondent's tender bundle were relevant and admissible despite objections based on relevance and alleged opinion evidence." 'Whether the documents were relevant to the relief sought, including writs of prohibition and mandamus, and to material the Minister might consider in determining the visa application.']

Ratio Decidendi

The respondent's tender bundle was relevant and admissible because it contained information additional to the Interpol Red Notice and was relevant to the existence of material in the Minister's possession, to possible grounds for visa refusal beyond section 501(1) read with section 501(6)(h) of the Migration Act 1958 (Cth), and to the relief the Court should grant. The presence of opinion material did not render the documents inadmissible in this context. Leave to re-open was therefore granted and the tender bundle admitted.

Court Disposition

The respondent was granted leave to re-open and the respondent's tender bundle filed on 20 November 2019 was admitted into evidence.

Orders

  • ['The respondent is granted leave to re-open.' "The respondent's tender bundle filed on 20 November 2019 be admitted into evidence."]