Raibevu v Minister for Home Affairs [2020] FCAFC 35 (10 March 2020) (Perram, Markovic and Charlesworth JJ)


Catchwords:


MIGRATION – visa cancelled on character grounds – refusal of Assistant Minister to revoke cancellation decision – whether Assistant Minister committed jurisdictional error by having only selective regard to sentencing remarks – whether Assistant Minister’s decision affected by legal unreasonableness

HIGH COURT AND FEDERAL COURT – application to introduce new arguments on appeal – where grant of leave would undermine the purpose of the conferral of appellate jurisdiction – duty of appellant’s legal representative in relation to the orderly and timely preparation of the appellant’s case – whether appellant had legal assistance at first instance notwithstanding no notice of acting had been filed on his behalf – absence of explanation for failure to advance arguments in judicial review proceedings at first instance – proposed grounds of appeal lacking in merit – leave to introduce new grounds refused

CONSTITUTIONAL LAW – application for leave to introduce on appeal issues arising under the Constitution not previously argued – whether acceptance of proposed grounds would sound in the relief sought – proposed grounds having no utility – proposed grounds having insufficient prospects of success to justify the grant of leave