Recent Cases

Doves v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 134 (19 August 2022) (Nicholas, Thomas and Downes JJ)


Catchwords:


MIGRATION – unarticulated claim of health issues said to have emerged – where issues concerning alcohol and anger management were not claimed to be health issues before Tribunal – where no evidence adduced before Tribunal of any diagnosed medical condition or any link between these issues and the appellant’s health – where no material before the Tribunal to suggest that the alleged health issues could be an impediment to removal – in absence of such evidence, no realistic possibility of a different decision being made – whether Tribunal able to take into account strength, duration and nature of ties outside Australia when considering strength, duration and nature of ties to Australia – finding that nature and strength of ties to family members in Australia can be affected by existence of family members outside Australia – as consideration of nature of family relationships outside Australia was entitled to be considered in any event, any error was not material

PRACTICE AND PROCEDURE – application for leave to rely on grounds of appeal raising arguments not advanced at trial – whether expedient and in the interests of justice for leave to be given to raise grounds – where no explanation advanced as to why these grounds were not raised before the primary judge – where one ground could have been the subject of evidence adduced by the respondent before primary judge – where the grounds lacked merit – application dismissed