Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 26 (03 March 2022) (Katzmann, Banks-Smith and Rofe JJ)


Catchwords:


MIGRATION — appeal from a decision of a single judge — where the primary judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the Minister to refuse to grant the appellant a visa under s 501(1) of the Migration Act 1958 (Cth) — whether primary judge erred in finding no error in the Tribunal’s rejection of expert evidence concerning the appellant’s prospects of reoffending — whether the Tribunal erred in failing to consider the evidence of the expert concerning the effect on the appellant’s young children of refusing to grant the visa — whether Tribunal failed to consider evidence concerning children’s and their mother’s susceptibility to Huntington’s disease — whether, if so, the failure was material to the decision

PRACTICE AND PROCEDURE — application for leave to raise new ground of appeal not before primary judge — where appellant’s sole basis for raising new grounds was a change of counsel, whether explanation sufficient to justify grant of leave — whether proposed new ground has sufficient merit