Say v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 84
Leave to rely on the proposed new ground is refused because the interests of justice do not require it and the ground lacks sufficient merit; the Tribunal gave adequate consideration to the matters raised regarding the appellant's mental health within the context presented, and no significant or clearly articulated claim was made such that required express consideration.
- Jurisdiction
- Australia
- Judgment Date
- 28 May 2021
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- ['visa Cancellation' 'judicial Review' 'jurisdictional Error' 'leave to Raise New Grounds on Appeal']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 ["Whether the Tribunal failed to consider a substantial or significant and clearly articulated claim regarding the impact of removal on the appellant's mental health in representations under s 501CA(3) of the Migration Act 1958 (Cth)" 'Whether leave should be granted to rely on a ground of appeal not raised below']
Ratio Decidendi
Leave to rely on the proposed new ground is refused because the interests of justice do not require it and the ground lacks sufficient merit; the Tribunal gave adequate consideration to the matters raised regarding the appellant's mental health within the context presented, and no significant or clearly articulated claim was made such that required express consideration.
Court Disposition
Appeal dismissed with costs.
Orders
- ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal."]
Full Case Text
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