S1983 of 2003 v Minister for Immigration & Multicultural Affairs [2006] FCA 424

S1983 of 2003 v Minister for Immigration & Multicultural Affairs [2006] FCA 424

Leave to amend ground 1 was refused because the appellant had expressly abandoned the Wednesbury unreasonableness/meagre evidence issue in the Federal Magistrates Court and did not raise it in the original notice of appeal, and it would be improper to require the Minister on less than 24 hours notice to address that issue. Leave to amend ground 2 was allowed because the Minister did not oppose that amendment.

Jurisdiction
Australia
Judgment Date
09 March 2006
Procedural Posture
Appeal From a Magistrate in the Federal Magistrates Court of Australia Concerning Constitutional Writ Relief in Respect of a Refugee Review Tribunal Decision / Application for Leave to Amend Notice of Appeal
Outcome
Application to amend ground 1 refused; application to amend ground 2 allowed.
Legal Topics
['protection Visa Refusal' 'refugee Review Tribunal' 'jurisdictional Error' 'wednesbury Unreasonableness' 'leave to Amend Notice of Appeal' 'new Points on Appeal' 'relocation and State Protection']
['administrative Law' 'immigration Law' 'appellate Procedure'] ['protection Visa Refusal' 'refugee Review Tribunal' 'jurisdictional Error' 'wednesbury Unreasonableness' 'leave to Amend Notice of Appeal' 'new Points on Appeal' 'relocation and State Protection']

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Procedural Posture

Appeal From a Magistrate in the Federal Magistrates Court of Australia Concerning Constitutional Writ Relief in Respect of a Refugee Review Tribunal Decision / Application for Leave to Amend Notice of Appeal

Legal Issues

  1. 1 ['Whether the appellant should be granted leave to amend ground 1 of the notice of appeal to allege jurisdictional error based on evidence being so meagre that it was unreasonable for the Tribunal to make its finding.' 'Whether the appellant should be granted leave to amend ground 2 of the notice of appeal to add an allegation that the Tribunal made jurisdictional error in deciding that it was reasonable for the appellant to relocate in India.']

Ratio Decidendi

Leave to amend ground 1 was refused because the appellant had expressly abandoned the Wednesbury unreasonableness/meagre evidence issue in the Federal Magistrates Court and did not raise it in the original notice of appeal, and it would be improper to require the Minister on less than 24 hours notice to address that issue. Leave to amend ground 2 was allowed because the Minister did not oppose that amendment.

Court Disposition

Application to amend ground 1 refused; application to amend ground 2 allowed.

Orders

  • ['The application of the Appellant to amend ground 1 of the notice of appeal be refused.' 'The application of the Appellant to amend ground 2 of the notice of appeal in accordance with the draft amended notice of appeal dated 9 March 2006 be allowed.']